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Warren v. Richardson (In re Richardson) (Case No. 03-05172; A.P. No. 04-00077) 7/12/2005

Defendant filed a motion to dismiss this adversary proceeding on the ground that Court lacked subject matter jurisdiction because plaintiff failed to serve the summons and complaint on the defendant within 120 days of the issuance of the summons as provided for in Federal Rule of Civil Procedure 4(m) as made applicable by Federal Rule of Bankruptcy Procedure 7004.  Court denied the motion as plaintiff showed good cause for such failure.  The plaintiff proceeded pro se, had otherwise been diligent in prosecuting the adversary proceeding, and the defendant had actual knowledge of the adversary proceeding almost from its inception and would not be prejudiced by denial of the motion. 

Date: 
Tuesday, July 12, 2005
Category: 
Adversary Proceedings
Dismissal
Jurisdiction
Service of Process
Chapter: 
7