Third Circuit· 8/25/1997

Wayne E. Boley v. Dale Kaymark

Citations

123 F.3d 756
39 Fed. R. Serv. 3d 200
1997 U.S. App. LEXIS 22504
1997 WL 500486

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).

Judges: Becker, Scirica, Schwarzer

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Cited by

33 cases in this archive cite this case; the 20 most cited are listed.

Cites

17 cases in this archive are cited by this case.

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