Wayne E. Boley v. Dale Kaymark

How courts have described this case

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

• concluding that the running of the statute of limitations is a factor supporting 8 || the discretionary granting of an extension of time to make service under Rule 4(m)
• noting that defendants may be prejudiced due to, for example, the loss of evidence, unavailability of witnesses, or increased potential for fraud or collusion
• stating that a finding of prejudice is “limited to circumstances in which delay impaired a defendant’s ability to defend”
• stating that a finding of prejudice is “limited to circumstances in which delay impaired a defendant’s ability to defend”
• explaining that Rule 4(m) allows a district court to exercise discretion “to extend time to serve in the absence of good cause” (citing MCI Telecomms. Corp., 71 F.3d at 1098)
• stating that under Federal Rule 4(m), “[i]n determining whether good cause exists, a court’s ‘primary focus is on the plaintiff’s reasons for not complying with the time limit in the first place’” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).