Torres v. Kijakazi

Background

The plaintiff’s attorney asked the court for an extension of the deadline to serve the summons and complaint. He stated that the action had been filed on August 30, 2021, and that the Clerk issued an electronic summons on August 31, 2021. Under Federal Rule of Civil Procedure 4(m), he calculated that service should have been completed by November 28, 2021.

The attorney acknowledged that service on the Commissioner was not completed until December 27, 2021, explaining that he had mistakenly believed the service was timely. He said he would file proof of service. The attorney also stated that counsel for the Commissioner took no position on the request and did not anticipate difficulty producing the administrative record or defending the lawsuit.

Rule and analysis

Rule 4(m) generally requires service within 90 days after filing. If a plaintiff shows good cause for failing to serve on time, the court must extend the deadline; even without good cause, the court may extend the deadline in its discretion. The attorney acknowledged that his calculation error might not establish good cause but argued that the approximately one-month delay and lack of prejudice supported an extension.

Ruling

Judge Abrams granted the application. The court ordered the plaintiff to file proof that service was completed on the defendant on December 27, 2021, no later than February 2, 2022.