Artists Rights Society, Inc. v. La Ligne, LLC

Background

Artists Rights Society, Inc. filed the action against La Ligne LLC on November 16, 2021. Artists Rights Society obtained a summons on November 17, 2021. The court stated that, as of the date of the order, Artists Rights Society had not filed an affidavit of service or taken any other action to prosecute the case.

Court’s action

The court ordered Artists Rights Society to submit a letter of no more than three pages by March 4, 2022. The letter had to be supported by legal authority and demonstrate good cause—an adequate legal reason—for why the case should not be dismissed under Federal Rule of Civil Procedure 4(m). That rule concerns the time limit for serving a defendant with the summons and complaint.

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

Disposition

The court did not dismiss the action in this order. Instead, it required Artists Rights Society to explain why dismissal should not occur and warned that failure to submit the letter and demonstrate good cause for not serving La Ligne within 90 days after the complaint was filed would result in dismissal. The order was signed by Judge Vernon S. Broderick.