Sharon Feeney v. LaSalle Corrections IV LLC and Jennifer Evans

Summary

The United States District Court for the Western District of Texas granted Plaintiff Sharon Feeney a 30-day extension to serve LaSalle Corrections IV LLC, setting a deadline of January 14, 2026. The court denied her request for alternative service because it was not supported by an affidavit or sworn declaration and ordered her to show cause by December 29, 2025, why the claim against Jennifer Evans should not be dismissed for failure to timely serve her.

Holdings

1. The request for alternative service was denied because Plaintiff did not submit the sworn statement required for such a request under Texas Rule of Civil Procedure 106(b).
2. Plaintiff did not establish good cause for extending the service deadline because she delayed attempting service on LaSalle until near the end of the ninety-day period and made no attempt to serve Evans.
3. The court granted Plaintiff an additional thirty days to serve LaSalle Corrections despite finding no good cause because dismissal could cause the claim to become time-barred and the circumstances did not warrant dismissal at that time.

Questions Presented

1. Whether Plaintiff was entitled to alternative service without submitting an affidavit or sworn declaration.
2. Whether Plaintiff was entitled to an extension of time to serve LaSalle Corrections and Jennifer Evans under Federal Rule of Civil Procedure 4(m).
3. Whether the court should dismiss the action for failure to timely serve when dismissal could bar refiling under the applicable limitations period.

Disposition

other