Crossetti v. Cargill, Inc., No. 18-1622 (1st Cir. 2019)Annotate this Case
In this removed diversity suit, the First Circuit affirmed the judgment of the district court granting Defendant's motion to dismiss for insufficient timely service of process, holding that Defendant did not evade service or conceal the defect in service and that the court did not abuse its discretion in concluding that Plaintiff had not shown good cause.
Mass. R. Civ. P. 4(j) requires a plaintiff to effect service of process within ninety days of filing suit. Plaintiff failed to meet that deadline when bringing her claims for negligence and wrongful death. The district court granted Defendant's motion to dismiss and denied Plaintiff's motion to extend time to perfect service of process under Mass. R. Civ. P. 6(b). The First Circuit affirmed, holding that the district court properly granted Defendant's motion to dismiss and Defendant's motion for an extension of time to perfect service of process.