Official Committee of Unsecured Creditors of Southold Development Corp. v. Mittemyer (In Re Southold Development Corp.)

How courts have described this case

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

• holding a plaintiff not subject to the 120 day time limit is still subject to a “flexible due diligence” standard for a determination of timely service of process”
• noting that prior to adoption of 120-day limit, courts applied a “flexible due diligence standard,” under which courts refused to dismiss cases for insufficient service of process unless delay caused defendants hardship or prejudice
• plaintiff failed to show it acted with due diligence in failing to attempt to serve foreign defendant within 120 days of filing complaint to save money during settlement negotiations
• “Under this flexible due diligence standard, courts generally refused to dismiss cases where the delay was in the range of two or three months unless that delay caused the defendants hardship or prejudice.”

Source: CourtListener parenthetical corpus (CC0).