Mann, et al. v. Castiel, et al., No. 10-7109 (D.C. Cir. 2012)
Annotate this CaseThis case arose when plaintiffs sued defendants alleging various violations of federal and state law in connection with defendants' involvement in the satellite communications industry. Plaintiffs appealed the district court's dismissal of plaintiffs' case without prejudice for failure to prove service of three defendants or to show cause therefore under Rule 4(m). Because plaintiffs failed to demonstrate a waiver by defendants pursuant to Rule 4, they offered no basis on which the court could conclude that the district court clearly erred in finding plaintiffs failed to prove proper service. Plaintiffs relied on defendants' acknowledgement of being served without considering defendants' suggestion of improper service. Plaintiffs also confused defendants' motion for a stay of the case, and to dismiss the case in its entirety, with a responsive pleading joining issue with plaintiffs' claims. The record further demonstrated plaintiffs failed to show cause for their failure to effect timely service and thus the district court acted within its discretion in denying additional time to effect service. Accordingly, the court affirmed the dismissal of the case without prejudice.
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