Steve Calderone v. Nationwide Fund Recovery

Summary

The United States Magistrate Judge recommends dismissing Steve Calderone’s case against Nationwide Fund Recovery without prejudice for failure to serve the defendant. Plaintiff was ordered to complete service by December 5, 2025, but did not do so and provided no evidence of attempted service or good cause. The recommendation relies on Federal Rule of Civil Procedure 4(m) and explains the fourteen-day period for filing objections.

Holdings

1. Because Plaintiff failed to serve Defendant by the court-ordered deadline and did not show good cause for the failure, the court recommended dismissal of the action without prejudice under Federal Rule of Civil Procedure 4(m).
2. Failure to file timely objections would preclude appellate review of factual findings or legal conclusions, except for plain error.

Questions Presented

1. Whether the action should be dismissed without prejudice for failure to serve the defendant within the time required by Federal Rule of Civil Procedure 4(m) and the court's service order.
2. Whether the scheduled conference should be canceled in light of the recommended dismissal.

Disposition

remanded