Bruley v. Lincoln Property Co.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Defendant Rhonda Miller moves to dismiss this action for failure to comply with the 120 day period for service of process under Fed.R.Civ.P. 4(j). Alternatively, Miller moves to quash service of process for failure to comply with Fed.R.Civ.P. 4(b). The issues are adequately briefed and oral argument will not materially aid their resolution. Because a plaintiff must comply with the federal rules after removal of an action from state court, service of a state court summons is defective under Rule 4(b). However, under Rule 4(j), the 120 day…