R.R. v. Romeoville HIE Hotels, LLC

Summary

The United States District Court for the Northern District of Illinois granted Romeoville HIE Hotels, LLC’s motion to dismiss for untimely service under Federal Rule of Civil Procedure 4(m). The court dismissed the action without prejudice, concluding that the plaintiff failed to show good cause for serving the defendant 111 days after filing but that dismissal under Rule 41(b) would be too severe. The court also directed the plaintiff to comply with specified filing, pseudonym, and service requirements if she refiles.

Holdings

1. Because plaintiff served defendant 111 days after filing, failed to show good cause for the delay, and did not establish circumstances warranting a discretionary extension, the court dismissed the action without prejudice under Rule 4(m).
2. Dismissal with prejudice under Rule 41(b) was too severe a sanction because defendant was not prejudiced, the delay was not extreme, the court's calendar was not substantially affected, lesser sanctions were available, and the action implicated a federal-law objective concerning sex trafficking.

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 4(m) because plaintiff failed to serve defendant within ninety days and did not show good cause or otherwise justify an extension.
2. Whether the action should be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute or comply with court orders.

Disposition

dismissed