Daniil Solovev v. Ekaterina Sapogova

Summary

The United States District Court for the District of Kansas granted the defendant’s unopposed motion to dismiss for insufficient service of process under Federal Rules of Civil Procedure 12(b)(5) and 4(m). The court dismissed the plaintiff’s copyright infringement complaint without prejudice because service by email was insufficient and the plaintiff neither showed good cause nor requested an extension.

Holdings

1. The court sustained defendant's motion and dismissed the complaint without prejudice because plaintiff failed to properly serve defendant within the time required by Rule 4(m).
2. Plaintiff's attempted service by email was insufficient under the applicable federal and Kansas service rules.

Questions Presented

1. Whether the complaint should be dismissed under Federal Rule of Civil Procedure 12(b)(5) and Rule 4(m) for insufficient service of process.
2. Whether the court should extend the service deadline when plaintiff failed to show good cause or request an extension.

Disposition

dismissed