9 Cited authorities

  1. Henderson v. United States

    517 U.S. 654 (1996)   Cited 962 times   1 Legal Analyses
    Holding that the 120-day provision in Rule 4 is not jurisdictional and may be extended at the discretion of the district court
  2. Gillespie v. Civiletti

    629 F.2d 637 (9th Cir. 1980)   Cited 2,779 times   2 Legal Analyses
    Holding that where a plaintiff is unaware of the identity of alleged defendants, "plaintiff should be given an opportunity through discovery to identify the unknown defendants, unless it is clear that discovery would not uncover the identities or that the complaint would be dismissed on other grounds"
  3. Panaras v. Liquid Carbonic Industries Corp.

    94 F.3d 338 (7th Cir. 1996)   Cited 255 times
    Holding that Rule 4(m) accords courts the discretion to extend the time for service even in the absence of good cause shown
  4. Eastern Refractories Co., Inc. v. Forty Eight Insulations, Inc.

    187 F.R.D. 503 (S.D.N.Y. 1999)   Cited 150 times
    Holding that plaintiff's failure to serve the defendant within 12 0 days was not excusable for good cause because plaintiff "failed to make any reasonable efforts to timely serve the amended complaint"
  5. Beauvoir v. United States Secret Service

    234 F.R.D. 55 (E.D.N.Y. 2006)   Cited 75 times
    Holding that courts have "discretion to extend the deadline for effecting service" under Rule 4(m), even if plaintiff has not shown good cause
  6. Aviles v. Village of Bedford Park

    160 F.R.D. 565 (N.D. Ill. 1995)   Cited 87 times
    Holding that Doe defendants must be identified and served within 90 days of the commencement of the action against them
  7. Coleman v. Cranberry Baye Rental Agency

    202 F.R.D. 106 (N.D.N.Y. 2001)   Cited 10 times

    Prospective renters brought action against rental agency and real estate agents claiming discrimination in housing rental based on race, national origin and/or family status. On defendant's motion to dismiss, the District Court, Mordue, J., held that: (1) Extraordinary difficulty plaintiffs experienced in locating defendant despite diligent efforts afforded good cause for delay in service, and (2) plaintiffs' allegations were sufficient to state a claim against the former owner of the agency under

  8. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 69,669 times   122 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
  9. Rule 28 - Persons Before Whom Depositions May Be Taken

    Fed. R. Civ. P. 28   Cited 18,408 times   7 Legal Analyses
    Requiring appellant's argument to contain citations to authorities