Montalbano v. Easco Hand Tools
766 F.2d 737 (2d Cir. 1985) Cited 148 timesHolding that Rule 4(j)'s exemption for service in foreign countries did not apply where service under Rule 4 was never attempted
Usha (India), Ltd. v. Honeywell International, Inc.
421 F.3d 129 (2d Cir. 2005) Cited 74 timesHolding 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
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 41 timesFinding 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
Geller v. Newell
602 F. Supp. 501 (S.D.N.Y. 1984) Cited 37 timesFinding 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
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 351,086 times 937 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 70,485 times 126 Legal AnalysesHolding 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