8 Cited authorities

Gillespie v. Civiletti
629 F.2d 637 (9th Cir. 1980) Cited 2,839 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"
Panaras v. Liquid Carbonic Industries Corp.
94 F.3d 338 (7th Cir. 1996) Cited 258 times
Holding that Rule 4(m) accords courts the discretion to extend the time for service even in the absence of good cause shown
Coleman v. Milwaukee Bd. of School Directors
290 F.3d 932 (7th Cir. 2002) Cited 201 times
Upholding dismissal where statute of limitations had run, noting that "the judge understandably was troubled by the fact that the plaintiff had delayed till almost the last minute in attempting service."
Eastern Refractories Co., Inc. v. Forty Eight Insulations, Inc.
187 F.R.D. 503 (S.D.N.Y. 1999) Cited 154 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"
Aviles v. Village of Bedford Park
160 F.R.D. 565 (N.D. Ill. 1995) Cited 91 times
Holding that Doe defendants must be identified and served within 90 days of the commencement of the action against them
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
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 71,368 times 127 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
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 36,629 times 145 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney

Hard Drive Productions, Inc. v. Does 1-1000

8 Cited authorities

Holding that Rule 4(m) accords courts the discretion to extend the time for service even in the absence of good cause shown

Upholding dismissal where statute of limitations had run, noting that "the judge understandably was troubled by the fact that the plaintiff had delayed till almost the last minute in attempting service."

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"

Holding that Doe defendants must be identified and served within 90 days of the commencement of the action against them

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

Holding an "unrepresented party" to the same standard as an attorney