Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
3Activity
0 of .
Results for:
No results containing your search query
P. 1
ECF 68 Redacted

ECF 68 Redacted

Ratings: (0)|Views: 3,053|Likes:
Published by himself2462
RICO Madness
RICO Madness

More info:

Published by: himself2462 on Feb 19, 2014
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

02/22/2014

pdf

text

original

 
/' C
'1.
I'
 .
 -
I)
,
 ,.
" 'C;
 57
BRETT KIMBERLIN,
 Plaintiff,
v.
 NATIONAL BLOGGERS CLUB,
et al.. Defendants
"
~"
UNITED STATES DISTRICT COURTDISTRICT OF MARYLANDGREENBELT DIVISIONCase No. 13-CV-03059-PWG
DEFENDANT ROGE'S MOTION TO DISMISS UNSERVED DEFENDANTS
Comes Now Defendant William Roge and pursuant to Fed. R. Civ. P. 4(m) files thisMotion to Dismiss Unserved Defendants. In support of his motion Mr. Roge states asfollows:
SUMMARY
1. Plaintiff filed his original Complaint (ECF No.1) on 15 October, 2013, and hisAmended Complaint (ECF No.2) on 17 October, only two days later. This motion is filedon the 124th day following the filing of the Amended Complaint. 16 of the 21 Defendantsnamed in the caption of the Amended Complaint have been served or have effectivelywaived service of process. Plaintiff has failed to properly serve three of the remaining five
 
!"#$ &'()*+,*-)-./*012 34+56$78 9& :;<$= ->?(&?(@ 0"A$ ( 4B &
 
Defendants, and, upon information and belief, does not know the identities oftheremaining two anonymous Defendants or where they might be found to be served.2. Fed. R. Civ. P. 4(m) statesIf a defendant is not served within 120 days after the complaint is filed,the court-on motion or on its own after notice to the plaintiff-mustdismiss the action without prejudice against that defendant or order thatservice be made within a specified time. But if the plaintiff shows goodcause for the failure, the court must extend the time for service for anappropriate period.Plaintiff has not only failed to show a goodcause for his failure to serve the unservedDefendants, he also has demonstrated bad faith in his efforts at service. The Court shouldnot grant Plaintiff any more time for service. Instead, the Court should dismiss theinstant lawsuit against the five unserved Defendants so that the suit may proceed withoutfurther delay. As Mr. Roge has noted in numerous previous filings, additional delays in bringing the instant lawsuit to a conclusion are not in the interest ofjustice or the interestofjudicial economy. Furthermore, it is in Mr. Roge's best interest for the instant lawsuitto be terminated as soon as possible.
PLAINTIFF HAS FAILED TO PROPERLY SERVE BREITBART.COM
3. As noted in Mr. Roge's Motion for Amended Report on Status of Service
2
 
!"#$ &'()*+,*-)-./*012 34+56$78 9& :;<$= ->?(&?(@ 0"A$ > 4B &
 
(ECF No. 33) ("Motion for Amended Report")!, Plaintiff failed to use Certified Mail, ReturnReceipt Requested,
 Restricted Delivery
 to serve those Defendants to whom Md. Rule2.121a was applicable. Breitbart.com, a business with a fixed address in California, is onesuch defendant. Given Plaintiffs failure to properly serve Breitbart.com after more than120days, the instant lawsuit should be dismissed against that Defendant.
PLAINTIFF RAS FAILED TO PROPERLY SERVE NATIONAL BLOGGERS CLUBORAL! AKBA
4. As noted in Mr. Roge's Motion for Amended Report, Plaintiff failed to useCertified Mail, Return Receipt Requested,
 Restricted Delivery
 to those Defendants towhom Md. Rule 2.121a was applicable. Although Plaintiff does not seem to know thecorrect locations ofeither the National Bloggers Club or Mr. Akbar, he attempted to servethem in Virginia. However, as can be seen in the Exhibits in Plaintiffs Status Report ReService of Complaint (ECF No. 27) ("Status Report"), Restricted Delivery was not used,and, therefore, even if mailed to the correct address, service was defective.5. Given Plaintiffs failure to properly serve the National Bloggers Club after morethan 120 days, the instant lawsuit should be dismissed against that Defendant.
I
 The Multi.Party Motion Regarding Service ofthe Amended Complaint (ECF No. 37) alsonotes deficiencies in Plaintiffs attempts at service ofprocess. "As Plaintiffs own filingconfirms, the attempted service on the Moving Defendants was incomplete, defective, andnot in compliance with Rule 4, Federal Rules of Civil Procedure."
 Id., ~
 3.3
 
!"#$ &'()*+,*-)-./*012 34+56$78 9& :;<$= ->?(&?(@ 0"A$ ) 4B &

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->