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Gartin v. Par Pharmaceutical Companies

United States Court of Appeals, Fifth Circuit
Jul 24, 2008
289 F. App'x 688 (5th Cir. 2008)

Summary

entering Rule 4(m) dismissal after seven months of total inactivity

Summary of this case from Bradley v. Am. Elec. Power

Opinion

No. 07-40451.

July 24, 2008.

Arnold Anderson Vickery, Houston, TX, for Plaintiffs-Appellants.

Scott Douglas Levine, Banowsky Levine, Dallas, TX, for Defendant-Appellee.

Appeal from the United States District Court for the Eastern District of Texas, USDC No. 4:06-cv-00128.

Before KING, HIGGINBOTHAM, and SOUTHWICK, Circuit Judges.


Summaries of

Gartin v. Par Pharmaceutical Companies

United States Court of Appeals, Fifth Circuit
Jul 24, 2008
289 F. App'x 688 (5th Cir. 2008)

entering Rule 4(m) dismissal after seven months of total inactivity

Summary of this case from Bradley v. Am. Elec. Power

entering Rule 4(m) dismissal after seven months of total inactivity

Summary of this case from Bradley v. Am. Elec. Power

In Gartin, the court found that there was a delay of seven months in serving one of the defendants and that the seven-month delay could only be "characterized as total inactivity."

Summary of this case from Davis v. Baylor Reg'l Med. Ctr. at Grapevine

In Gartin, supra, on the other hand, the District Court issued a "Notice of Impending Dismissal" putting the plaintiff in that case on notice of the potential for dismissal of a party for failure to timely serve it.

Summary of this case from Jefferson v. Grayson Cnty.

noting that plaintiff did not respond to court notice of impending dismissal and instead served defendant seven months after filing suit

Summary of this case from Byers v. Navarro County

applying the standard of review under Berry v. CIGNA/RSI-CIGNA, 975 F.2d 1188, 1191 (5th Cir. 1992), for a dismissal with prejudice

Summary of this case from Brown v. Premium Food Concepts, Inc.
Case details for

Gartin v. Par Pharmaceutical Companies

Case Details

Full title:Spencer GARTIN, Individually and as Personal Representative of the Estate…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jul 24, 2008

Citations

289 F. App'x 688 (5th Cir. 2008)

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