Daniil Solovev v. Crafted by Joanna, LLC, et al.

Summary

The United States District Court for the District of Kansas partially adopted a recommendation to dismiss claims for failure to timely serve defendants under Federal Rule of Civil Procedure 4(m). The court allowed the action to proceed against Crafted by Joanna, LLC, but dismissed without prejudice the claims against Agneta Rusyte, Aleksandra Kinshina, and Laura Cortes.

Holdings

1. The Court overrules the Magistrate Judge's recommendation to dismiss Crafted by Joanna, LLC, allowing the case to proceed against it because plaintiff sent service by certified mail before the extended deadline, though it was received one day late.
2. The Court adopts the Magistrate Judge's recommendation and dismisses without prejudice the case against Agneta Rusyte, Aleksandra Kinshina, and Laura Cortes because plaintiff failed to show good cause or any attempt at service by the extended deadline.

Questions Presented

1. Whether plaintiff's failure to timely serve defendants warrants dismissal under Rule 4(m) of the Federal Rules of Civil Procedure.

Disposition

affirmed_in_part_reversed_in_part