Ronald Despain, and Jamilyn Mellen v. Salt Lake Area Metro Gang Unit Bureau of Alcohol, Tobacco and Firearms Robert Swehla

How courts have described this case

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

• holding that failure to properly interpret the rules is not good cause for failing to timely serve under rule 4(m)
• holding that failure to properly interpret the rules is not good cause for failing to timely serve under rule 4(m)
• stating that severe prejudice to plaintiffs due to expiration of statute of limitations does not constitute good cause
• stating that absence of prejudice to defendant alone does not constitute good cause
• finding lack of good cause where plaintiffs served incorrect parties and plaintiffs’ counsel misinterpreted the rule, even though defendants may have had actual notice of the suit and the statute of limitations had run
• “The fact that the statute of limitations has run, however, does not demonstrate good cause and does not make dismissal under Rule 4[(m)] inappropriate.”

Source: CourtListener parenthetical corpus (CC0).