Ubri v. Majestic Associates LLC

Background

Eduardo Ubri filed the lawsuit on September 8, 2023, against Majestic Associates LLC and Joshua Balsam. He later filed an amended complaint on November 9, 2023, naming Majestic Associates LLC, Majestic Property Management Associates, LLC, 3871 Village Court Associates, LLC, and Joshua Balsam as defendants. Ubri obtained an amended summons for Majestic Associates LLC on November 16, 2023.

Issue

The court noted that Ubri had not filed an affidavit of service—the document showing that the amended summons and complaint were formally delivered to Majestic Associates LLC—or taken any other action to prosecute the case against that defendant. The court therefore required Ubri to explain why Majestic Associates LLC should not be dismissed under Federal Rule of Civil Procedure 4(m), which governs the time for serving a defendant.

Order

The court ordered Ubri to submit, no later than February 20, 2024, a letter of no more than three pages supported by legal authority demonstrating good cause for the failure to serve Majestic Associates LLC. The court stated that good cause generally requires exceptional circumstances and may depend on the plaintiff’s diligence and any prejudice caused by the delay. It also stated that an attorney’s inadvertence, neglect, mistake, or misplaced reliance does not constitute good cause.

The court warned that Ubri’s failure to submit the letter and demonstrate good cause for serving Majestic Associates LLC within ninety days after filing the amended complaint would result in dismissal of that defendant. The order did not itself dismiss Majestic Associates LLC and did not decide the merits of Ubri’s claims.