Smith Cash v. Saul
- Vernon Broderick
- 1:21-cv-01105
- U.S. District Court · Southern District of New York
- 2
In Cash Smith v. Saul, Judge Moses granted more time to serve the Commissioner of Social Security and file proof of service by May 28, 2021.
The plaintiff and the Commissioner of Social Security were affected by the extension of time for service and filing proof of service.
What happened
Cash Smith sued Saul, and the plaintiff’s attorney asked for more time to serve the defendant. The attorney said the complaint was filed February 8, 2021, the summons issued February 9, and he mistakenly believed service had occurred on March 5.
The attorney asked the court to extend the service deadline under Federal Rule of Civil Procedure 4(m). He argued that his clerical mistake was good cause and, alternatively, that the court should exercise discretion to allow more time because the delay was short and the government was not prejudiced.
Judge Barbara C. Moses granted the application. The attorney stated that he was serving the Commissioner by certified mail and expected delivery by May 28, 2021; the request also sought permission to file proof of service by that date.
The detailed version
- Smith Cash v. Saul · No. 1:21-cv-01105
- Vernon Broderick
- May 14, 2021
Background
The plaintiff’s attorney asked for an extension of time to serve the defendant. He stated that the complaint was filed on February 8, 2021, and the summons was issued on February 9, 2021. Although he believed his records showed service on March 5, 2021, he could not find the documentation and concluded that service had not occurred.
Request for Extension
Federal Rule of Civil Procedure 4(m) generally requires service within 90 days. The attorney argued that his clerical mistake constituted good cause for the failure to serve the defendant. He also asked the court, alternatively, to use its discretion to extend the deadline because the delay was relatively short and the government had not been prejudiced. He stated that he was serving the Commissioner of Social Security by certified mail and expected service to be received by May 28, 2021.
Ruling
Judge Barbara C. Moses granted the application. The request was to extend the time to properly serve the defendant and file proof of service by May 28, 2021. The opinion does not state any ruling on the underlying Social Security dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.