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· 7/16/2015

Darren Lee v. Airgas - Mid South, Inc.

Citations

  • 793 F.3d 894
  • 2015 U.S. App. LEXIS 12259
  • 2015 WL 4286405

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that because “the unnamed defendants were irrelevant to the merits of [the plaintiff’s] case, [ ] they therefore were properly dismissed, without prejudice, with the remainder of the case”
  • filing an amended complaint does not reset the 90-day clock under Fed. R. Civ. P. 4(m) for defendants named in the original complaint
  • explaining an amended complaint does not restart the Rule 4(m) period for serving Defendants who were named in the original complaint
  • “[F]iling an amended complaint in itself does not toll the service period or reset the 120-day2 clock.”
  • affirming dismissal of amended complaint because added defendant did not have timely notice of action
  • noting Rule 15(c)’s requirement that defendant “receiv[e] notice of [the] lawsuit within [90] days after the complaint was filed” “also can be extended by any service-of- process extensions the district court might grant for ‘good cause’” (internal brackets omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Riley, Loken, Shepherd

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.