Zoey Paint Corporation v. Boston Ship Repair, LLC

Summary

A United States Magistrate Judge recommends dismissal without prejudice because the plaintiff failed to serve the summons and complaint within the time required by Federal Rule of Civil Procedure 4(m) and failed to respond to an order to file proof of service or show good cause. The case is directed to be returned to the Clerk’s Office for reassignment to a District Judge, and the parties are advised of the procedure for objecting to the recommendation.

Holdings

1. Because Plaintiff failed to file proof of service or show good cause after being ordered to do so, dismissal of the action without prejudice was recommended under Federal Rule of Civil Procedure 4(m) and Local Rule 4.1(b).

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 4(m) and Local Rule 4.1(b) when Plaintiff failed to serve the summons and complaint within the required period and failed to show good cause for the failure.

Disposition

other