6 Cited authorities

  1. Montalbano v. Easco Hand Tools

    766 F.2d 737 (2d Cir. 1985)   Cited 146 times
    Holding that Rule 4(j)'s exemption for service in foreign countries did not apply where service under Rule 4 was never attempted
  2. Usha (India), Ltd. v. Honeywell International, Inc.

    421 F.3d 129 (2d Cir. 2005)   Cited 73 times
    Holding that Rule 4(m)'s exception for service in a foreign country does not apply if the plaintiff did not attempt to serve the defendant in the foreign country; dismissing claim against foreign defendant where plaintiff made no attempt at foreign service within 120 days
  3. Crysen/Montenay Energy Co. v. E & C Trading Ltd. (In re Crysen/Montenay Energy Co.)

    166 B.R. 546 (S.D.N.Y. 1994)   Cited 40 times
    Finding that while plaintiff properly tried to serve by letters rogatory under Rule 4(B), it had not shown "good cause" for not serving defendants 120 days after filing the complaint
  4. Geller v. Newell

    602 F. Supp. 501 (S.D.N.Y. 1984)   Cited 37 times
    Finding jurisdiction where defendant, during a one day visit to New York, negotiated and agreed in principle on a contract, but executed the contract later in Georgia
  5. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 339,745 times   912 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  6. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 67,209 times   119 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