entering Rule 4(m) dismissal after seven months of total inactivity
Summary of this case from Bradley v. Am. Elec. PowerNo. 07-40451.
July 24, 2008.
Arnold Anderson Vickery, Houston, TX, for Plaintiffs-Appellants.
Scott Douglas Levine, Banowsky Levine, Dallas, TX, for Defendant-Appellee.
Appeal from the United States District Court for the Eastern District of Texas, USDC No. 4:06-cv-00128.
Before KING, HIGGINBOTHAM, and SOUTHWICK, Circuit Judges.
entering Rule 4(m) dismissal after seven months of total inactivity
Summary of this case from Bradley v. Am. Elec. Powerentering Rule 4(m) dismissal after seven months of total inactivity
Summary of this case from Bradley v. Am. Elec. Powernoting that "this [was] a close case on the district court's exercise of discretion"
Summary of this case from Johnson v. CBD Energy Ltd.In Gartin, the court found that there was a delay of seven months in serving one of the defendants and that the seven-month delay could only be "characterized as total inactivity."
Summary of this case from Davis v. Baylor Reg'l Med. Ctr. at GrapevineIn Gartin, supra, on the other hand, the District Court issued a "Notice of Impending Dismissal" putting the plaintiff in that case on notice of the potential for dismissal of a party for failure to timely serve it.
Summary of this case from Jefferson v. Grayson Cnty.noting that plaintiff did not respond to court notice of impending dismissal and instead served defendant seven months after filing suit
Summary of this case from Byers v. Navarro Countyapplying the standard of review under Berry v. CIGNA/RSI-CIGNA, 975 F.2d 1188, 1191 (5th Cir. 1992), for a dismissal with prejudice
Summary of this case from Brown v. Premium Food Concepts, Inc.Full title:Spencer GARTIN, Individually and as Personal Representative of the Estate…
Court:United States Court of Appeals, Fifth Circuit
Date published: Jul 24, 2008
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