Neuman v. Global Security Solutions, Inc.

Background

Phil Neuman filed the action against Global Security Solutions, Inc. and Werner Hellmann on February 25, 2021. He obtained summonses for both defendants on February 26, 2021. As of the date of the order, Neuman had not filed an affidavit of service or taken any other action to prosecute the case.

Order to Show Cause

The court ordered Neuman to submit, no later than June 4, 2021, a letter of no more than three pages supported by legal authority. The letter had to demonstrate good cause for why the case should not be dismissed under Federal Rule of Civil Procedure 4(m), which concerns serving defendants within 90 days after a complaint is filed.

The court explained that good cause generally exists only in exceptional circumstances when the failure to serve resulted from circumstances beyond the plaintiff’s control. It identified the plaintiff’s diligence in attempting service and any prejudice to the defendants from the delay as relevant considerations. The court also stated that an attorney’s inadvertence, neglect, mistake, or misplaced reliance does not constitute good cause.

Disposition

Judge Vernon S. Broderick did not dismiss the case in this order. Instead, he required Neuman to explain why dismissal should not occur and warned that failure to submit the letter and demonstrate good cause would result in dismissal of the action.