Paul T. Mak v. Theodore R. Dunham Jr., et al.

Summary

The United States District Court for the Western District of Oklahoma dismissed without prejudice Plaintiff Paul T. Mak’s claims against Arc, Inc. and Liam McCarthy for failure to serve them within the time required by Federal Rule of Civil Procedure 4(m). The court found that Plaintiff had neither requested an extension nor demonstrated good cause for extending the service deadline.

Holdings

1. When Arc, Inc. and Liam McCarthy were not served within ninety days after the filing of the Amended Complaint, and Plaintiff did not establish grounds for extending the service period, dismissal of the claims against those defendants without prejudice was required under Rule 4(m).

Questions Presented

1. Whether Plaintiff's claims against Arc, Inc. and Liam McCarthy should be dismissed without prejudice under Federal Rule of Civil Procedure 4(m) because they were not served within ninety days after the Amended Complaint was filed.
2. Whether the court should extend the time for service based on a request for an extension or a showing of good cause.

Disposition

dismissed