Birkett v. Pentagon Federal Credit Union

Background

Tyrone Birkett brought this action against Pentagon Federal Credit Union ("Pentagon") and Equifax Information Services, LLC ("Equifax"). Birkett obtained a summons for Pentagon on October 20, 2023, and a summons for Equifax on October 24, 2023. Equifax waived service, but Birkett had not filed an affidavit of service for Pentagon.

Order

The court ordered Birkett to submit, no later than January 25, 2024, a letter of no more than three pages supported by legal authority. The letter had to demonstrate good cause—meaning a legally sufficient reason—for why Pentagon should not be dismissed under Federal Rule of Civil Procedure 4(m), which addresses the deadline for serving a defendant with the summons and complaint.

The court explained that good cause generally exists only in exceptional circumstances in which the failure to serve on time resulted from circumstances beyond the plaintiff's control. It also noted that courts consider the plaintiff's diligence in attempting service and any prejudice caused to the defendant by the delay. The opinion states that attorney inadvertence, neglect, mistake, or misplaced reliance does not establish good cause, although the quoted sentence is incomplete in the provided text.

Disposition

Judge Vernon S. Broderick did not dismiss Pentagon in this order. Instead, he warned that failure to submit the required letter and demonstrate good cause for not serving Pentagon within 90 days after the complaint was filed would result in Pentagon's dismissal from the action. Equifax's service was not at issue because Equifax had waived service.