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NORTH CAROLINA MUTUAL LIFE INSURANCE COMPANY v. STAMFORD BROOK CAPITAL, LLC et al

RESPONSE in Opposition re MOTION to Dismiss

25 Cited authorities

  1. Torres v. Oakland Scavenger Co.

    487 U.S. 312 (1988)   Cited 776 times   1 Legal Analyses
    Holding that the failure to name a party in a notice of appeal constitutes a failure of that party to appeal

  2. Aggarao v. MOL Ship Mgmt. Co.

    675 F.3d 355 (4th Cir. 2012)   Cited 361 times   7 Legal Analyses
    Holding that a party to an arbitration agreement and attendant choice-of-law clause could not raise a public-policy defense, which was based on the prospective-waiver doctrine, “until the second stage of the arbitration-related court proceedings—the award-enforcement stage”

  3. Mitrano v. Hawes

    377 F.3d 402 (4th Cir. 2004)   Cited 382 times
    Holding that where no evidentiary hearing is held, the plaintiff need only make a prima facie showing that venue is proper

  4. Armco, Inc. v. Penrod-Stauffer Bldg. Systems

    733 F.2d 1087 (4th Cir. 1984)   Cited 428 times
    Holding that lack of service voids judgment

  5. Elkins v. Broome

    213 F.R.D. 273 (M.D.N.C. 2003)   Cited 132 times
    Holding that the plaintiff demonstrated good cause when he hired a professional process server and "reasonably believed that service of process had been made" on the defendant

  6. Collins v. Straight, Inc.

    748 F.2d 916 (4th Cir. 1984)   Cited 195 times
    Affirming the denial of a motion to transfer where the location of the plaintiff and several witnesses supported the plaintiff's choice of forum

  7. Mamani v. Bustamante

    547 F. Supp. 2d 465 (D. Md. 2008)   Cited 63 times
    Transferring action in part because a second lawsuit was proceeding in the transferee district and consolidating the actions there would save the witnesses time and money

  8. Thayer/Patricof Educ. Funding, L.L.C. v. Pryor Res., Inc.

    196 F. Supp. 2d 21 (D.D.C. 2002)   Cited 74 times
    Holding that the movant must show that a witness would be unwilling to testify; absent any such showing the Court assumes the witness would voluntarily appear

  9. Karlsson v. Rabinowitz

    318 F.2d 666 (4th Cir. 1963)   Cited 200 times
    Holding that service was proper where a copy of the summons and complaint was left with the defendant's wife at the defendant's Maryland house, in which the defendant had lived before moving ahead of his family to Arizona, where he had purchased a house intending never to return to Maryland and to move his family to Arizona, noting that the service was sufficient to satisfy the requirements of service at the defendant's “dwelling house or usual place of abode” where the service succeeded in actually apprising him of the lawsuit

  10. Escalante v. Tobar Constr., Inc.

    Civil Action No. 8:18-cv-00980-PX (D. Md. Jan. 3, 2019)   Cited 29 times
    In Escalante, the plaintiffs effected service "34 days after the time under Rule 4(m) had elapsed" because counsel's "assistant misconstrued the significance of [a] statement" by a Clerk's Office employee, who said that "summonses never expire," and "the assistant did not calendar [the] deadline by which the Complaint had to be served."

  11. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 68,486 times   121 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  12. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 35,613 times   139 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  13. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,277 times   183 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  14. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,672 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  15. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 21,878 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  16. Section 1406 - Cure or waiver of defects

    28 U.S.C. § 1406   Cited 14,052 times   52 Legal Analyses
    Recognizing that transfer is proper to any district or division in which the action could have been brought

  17. Section 1965 - Venue and process

    18 U.S.C. § 1965   Cited 739 times   1 Legal Analyses
    Providing for special RICO venue