Milwaukee Electric Tool Corporation v. Mediterranean Shipping Company S.A.

Background

Milwaukee Electric Tool Corporation filed this action against Mediterranean Shipping Company S.A. on February 6, 2024. The court stated that Milwaukee Electric had not requested issuance of a summons, filed an affidavit of service, or taken any other action to prosecute the case as of May 14, 2024.

Order to Show Good Cause

The court ordered Milwaukee Electric to submit, no later than May 24, 2024, a letter of no more than three pages supported by legal authority. The letter must demonstrate good cause for failing to serve Mediterranean Shipping within 90 days after the complaint was filed, as required by Federal Rule of Civil Procedure 4(m).

The court explained that good cause generally exists only in exceptional circumstances where the failure to serve process timely resulted from circumstances beyond the plaintiff’s control. It also stated that courts consider the plaintiff’s diligence in attempting proper service and any prejudice to the defendant caused by the delay. The court noted that an attorney’s inadvertence, neglect, mistake, or misplaced reliance does not constitute good cause.

Disposition and Effect

Judge Vernon S. Broderick warned that Milwaukee Electric’s failure to submit the required letter and demonstrate good cause would result in dismissal of the action. The order did not itself dismiss the case or decide the underlying dispute.