Maddy v. DanceFit Interactive LLC

Background

Veronica Maddy filed this action against DanceFit Interactive LLC d/b/a Body Wrappers on June 3, 2022. She obtained a summons on June 6, 2022. The opinion states that, as of the order, Maddy had not filed an affidavit of service or taken any other action to prosecute the case.

Court’s Order

The court ordered Maddy to submit, by September 13, 2022, a letter of no more than three pages supported by legal authority. The letter had to demonstrate good cause—an adequate explanation—for why the case should not be dismissed under Federal Rule of Civil Procedure 4(m), which concerns timely service of process.

The court explained that good cause generally exists only in exceptional circumstances where the failure to serve the defendant on time resulted from circumstances beyond the plaintiff’s control. It also stated that courts consider the plaintiff’s diligence in attempting service and any prejudice to the defendant caused by delay. The court noted that an attorney’s inadvertence, neglect, mistake, or misplaced reliance does not constitute good cause.

Disposition

Judge Vernon S. Broderick ordered Maddy to submit the required letter and warned that failure to do so, or failure to demonstrate good cause for not serving DanceFit within 90 days after the complaint was filed, would result in dismissal of the action. The order itself did not dismiss the case.