Yan Luis v. Salon Commodities, LTD

Background

Kevin Yan Luis filed this action against Salon Commodities, LTD on July 20, 2023. He obtained a summons on October 16, 2023. As of the order, however, he had not filed an affidavit of service or taken any other action to prosecute the case.

Order

The court ordered Kevin Yan Luis to submit, no later than November 1, a letter of no more than three pages demonstrating good cause for the failure to serve Salon Commodities within 90 days after the complaint was filed. The letter must be supported by legal authority.

The order explained that good cause generally exists only in exceptional circumstances where the failure to serve process on time resulted from circumstances beyond the plaintiff's control. The court also stated that it considers the plaintiff's diligence in attempting service and any prejudice caused to the defendant by the delay. The order noted 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. It warned that failure to submit the required letter and demonstrate good cause would result in dismissal under Federal Rule of Civil Procedure 4(m). Judge Vernon S. Broderick signed the order.