Nwosu v. Cascade Investment, LLC et al.

Summary

The United States District Court for the Central District of California ordered Plaintiff Adaeze Nwosu to show cause why the action should not be dismissed under Federal Rule of Civil Procedure 4(m) for failure to properly serve BlackRock, Inc., Scott Harris, and United States District Judge Christopher Reid Cooper. The court found that the submitted proofs of service were insufficient and required a written response within fourteen calendar days demonstrating proper service or good cause for the failure to serve.

Holdings

1. Plaintiff's conclusory filing and deficient proofs of service did not establish that BlackRock, Inc., Scott Harris, and Judge Christopher Reid Cooper were properly served within ninety days after the complaint was filed.
2. Before dismissing the action for failure to serve, the court required Plaintiff to show either that service complying with Rule 4 was timely made or that good cause existed for the failure to serve within the Rule 4(m) period.
3. Actual notice or merely naming a defendant in the complaint does not establish personal jurisdiction when service was not made in substantial compliance with Rule 4.

Questions Presented

1. Whether Plaintiff provided sufficient proof that BlackRock, Inc., Scott Harris, and Judge Christopher Reid Cooper were properly served within the time required by Federal Rule of Civil Procedure 4(m).
2. Whether Plaintiff should be required to show proper service or good cause for failure to serve before the court dismisses the action under Rule 4(m).

Disposition

other