§Why CasetextPricing

Nu Image, Inc. v. Does 1 - 2,515

MOTION for discovery Motion for Extension of Time to Name and Serve Defednants

10 Cited authorities

  1. Henderson v. United States

    517 U.S. 654 (1996)   Cited 988 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 2,874 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. Lepone-Dempsey v. Carroll County Com'rs

    476 F.3d 1277 (11th Cir. 2007)   Cited 436 times
    Holding that, even absent a showing of good cause, a district court must consider whether "any other circumstances" would warrant granting an extension of time to complete service

  4. 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

  5. Eastern Refractories Co., Inc. v. Forty Eight Insulations, Inc.

    187 F.R.D. 503 (S.D.N.Y. 1999)   Cited 157 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"

  6. Beauvoir v. United States Secret Service

    234 F.R.D. 55 (E.D.N.Y. 2006)   Cited 76 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

  7. Aviles v. Village of Bedford Park

    160 F.R.D. 565 (N.D. Ill. 1995)   Cited 94 times
    Holding that Doe defendants must be identified and served within 90 days of the commencement of the action against them

  8. Coleman v. Cranberry Baye Rental Agency

    202 F.R.D. 106 (N.D.N.Y. 2001)   Cited 11 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

  9. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 72,489 times   129 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

  10. Rule 28 - Persons Before Whom Depositions May Be Taken

    Fed. R. Civ. P. 28   Cited 18,658 times   7 Legal Analyses
    Requiring appellant's argument to contain citations to authorities