Legal Opinion
In Re Tom C. Cooper And, Associates Financial Services Company, Inc.
Court of Appeals for the Eleventh Circuit
Decided August 18, 1992No. 92-2758PublishedCited by 19 opinions
1Opinion of the Court
BY THE COURT:
The petition for a writ of mandamus is GRANTED. The district court is DIRECTED to dismiss this action pursuant to Fed. R.Civ.P. 4(j).
The complaint in this employment discrimination suit was filed on November 27, 1991. The plaintiffs indisputably failed to serve the complaint on the defendants within the 120 days allowed by the federal rules. See id. Accordingly, dismissal was required unless the plaintiffs demonstrated “good cause.” Id. The district court not only ruled that the plaintiffs failed to demonstrate good cause, but explicitly found “neglect[]” on the part of the…
2Cases cited7 opinions
- J. Richard Schnabel v. Jonathan Ray Wells, James Pickerel, Joyce PickerelCourt of Appeals for the Eleventh Circuit · 1991
- Joseph T. Prisco v. Anthony M. Frank, Postmaster General U.S. Postal ServiceCourt of Appeals for the Eleventh Circuit · 1991
- In re Paradyne Corp.Court of Appeals for the Eleventh Circuit · 1986
- In Re Beth Ratcliffe Smith and Natalie Dawn Smith, a Minor Child, by and Through Her Next Friend, Parent, and Natural Guardian Beth Ratcliffe SmithCourt of Appeals for the Eleventh Circuit · 1991
- In Re Tom R. Watkins, Praying for a Writ of MandamusCourt of Appeals for the Fifth Circuit · 1959
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Jackson v. Motel 6 Multipurpose, Inc.Court of Appeals for the Eleventh Circuit · 1997
- Jeannie A. Horenkamp v. Van Winkle & Co., Inc.Court of Appeals for the Eleventh Circuit · 2005
- Philip Morris Inc. v. AngelettiCourt of Appeals of Maryland · 2000
- Elpidio Mendez v. Richard N. Elliot, Individually and in His Official Capacity the City of Gaithersburg, Maryland Montgomery County, MarylandCourt of Appeals for the Fourth Circuit · 1995
- In Re Federal Communications CommissionCourt of Appeals for the Second Circuit · 2000
14 more not listed; retrieve them via the Exa API.