L.C. v. Cabell County Board of Education, Emily Barker, and John and Jane Does 1-2

Summary

The court grants Plaintiff L.C.’s motion to show cause and for additional time to serve process in an action involving claims under the Americans with Disabilities Act and related claims concerning a minor child. Applying Federal Rule of Civil Procedure 4(m), the court finds good cause and extends the service deadline by 55 days from the order’s issuance, including as to the Cabell County Board of Education without deciding whether service was already perfected.

Holdings

1. Plaintiff showed good cause for failing to serve Emily Barker within the Rule 4(m) period because she conducted a diligent search but could not locate Barker's address.
2. A district court has discretion to extend the time for service under Rule 4(m) even when the plaintiff has not shown good cause.
3. Plaintiff's time to serve the relevant defendants was extended by 55 days from January 13, 2026.

Questions Presented

1. Whether Plaintiff demonstrated good cause under Federal Rule of Civil Procedure 4(m) for failing to timely serve Emily Barker.
2. Whether the court could extend the time for service on Emily Barker and Cabell County Board of Education even absent a determination that service on the Board had been perfected.
3. What extension of time for service was appropriate.

Disposition

other