· 9/22/1998
John A. McCurdy Jr., M.D. John A. McCurdy Jr., M.D., Facs, Inc. v. American Board of Plastic Surgery
Citations
- 157 F.3d 191
- 41 Fed. R. Serv. 3d 988
- 1998 U.S. App. LEXIS 23319
- 1998 WL 644945
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that defense of insufficient service of process is waived if objections are not raised in the answer or pre-answer motion
- holding that defense of insufficient service of process is waived if objections are not raised in the answer or pre-answer motion
- noting that good cause is generally established when a plaintiff moves for an extension of time before the expiration of the 120 days service period
- explaining that the “Federal Rules are meant to be applied in such a way as to promote justice”
- noting that good cause is generally established when a plaintiff moves for an extension of time before the expiration of the 120-day service period'
- affirming Rule 4(m) dismissal where plaintiff did not show diligence in timely serving defendants and failed to seek extension of time before deadline lapsed
Source: CourtListener parenthetical corpus (CC0).
Judges: Slovtter, Roth, Feikens
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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