S&R Worldwide v. Neutraceutical Wellness Inc.

Background

S & R Worldwide filed its complaint on October 27, 2022. At an initial conference, the court ordered S & R Worldwide to serve Neutraceutical Wellness Inc. by April 10, 2023, or show cause—give a legally sufficient explanation—why the case should not be dismissed for failure to make timely service of process. The complaint alleged that Neutraceutical Wellness Inc. was believed to be a foreign company with a registered agent in New York.

Court’s Analysis

Federal Rule of Civil Procedure 4(m) generally requires service within 90 days after a complaint is filed. If service is not completed within that period, the court must dismiss the action without prejudice or order service within a specified time, unless the plaintiff shows good cause for the delay. The court noted that S & R Worldwide had not filed proof of service or shown cause for its failure to make timely service. Nearly 10 months had passed since filing, and S & R Worldwide had provided no explanation for its inability to complete service. The court also cited Second Circuit authority concerning the foreign-country exception to Rule 4(m)’s service deadline.

Disposition

The court ordered that the action be dismissed without prejudice. It also directed the Clerk of Court to close the case. The opinion does not decide the underlying merits of S & R Worldwide’s claims.