Wong v. Jounce Therapeutics, Inc.

Background

Wong filed the complaint on April 11, 2022. The defendants had not appeared, and the docket did not indicate whether they had been served. Wong also had not requested additional time to serve them.

Service Requirement

Federal Rule of Civil Procedure 4(m) generally requires a plaintiff to serve each defendant within 90 days after filing the complaint. If service is not completed by that deadline, the court may dismiss the action against the unserved defendant or set a deadline for service. If the plaintiff shows good cause—a legally sufficient reason—for the delay, the court must extend the service period for an appropriate time. The opinion described good cause as requiring diligent attempts and exceptional circumstances beyond the plaintiff’s control.

Order

The Court ordered Wong to file a status letter by August 3, 2023. The letter had to state whether service of the summons and complaint had been made on any defendant. If service had not been made, the letter had to explain why good cause existed to excuse the failure to serve within the 90-day period. Wong had to file the letter even if service had already occurred; in that event, Wong also had to file proof of service on the docket by August 3, 2023.

The order warned that the Court could dismiss the case for failure to prosecute if Wong did not file the required letter. The order did not itself dismiss the action or decide the underlying claims.