Legal Opinion
Estate of Zachery v. Thigpen
District Court, M.D. Alabama
Decided June 21, 1995No. 94-D-851-NPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
DE MENT, District Judge.
Before the court is defendant Questcare, Inc.’s (“Questcare”) motion to dismiss filed May 31, 1995, to which the plaintiff responded on June 19, 1995. Questcare seeks dismissal of the complaint without prejudice for failure to effect service of process within 120 days of filing the complaint. See Fed. R.Civ.P. 4(m). After careful consideration of the arguments of counsel, the applicable case law and the record as a whole, the court finds that Questcare’s motion is due to be granted.
FINDINGS OF FACT
The plaintiffs decedent, Houston Zachery,…
2Cases cited14 opinions
- Getty Oil Corporation, Succeeded by and a Division of Texaco, Inc. v. Insurance Company of North AmericaCourt of Appeals for the Fifth Circuit · 1988
- Systems Signs Supplies, Jahurett Castrillon v. United States Department of Justice, Washington, D.C.Court of Appeals for the Fifth Circuit · 1990
- Winters v. Teledyne Movible Offshore, Inc.Court of Appeals for the Fifth Circuit · 1985
- Shihshu Walter Wei v. State of HawaiiCourt of Appeals for the Ninth Circuit · 1985
- Andrea Geiger v. Donald AllenCourt of Appeals for the Seventh Circuit · 1988
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3Cited by4 opinions
- Gambino v. Village of OakbrookDistrict Court, M.D. Florida · 1995
- Madison v. BP Oil Co.District Court, S.D. Alabama · 1996
- Pompey v. LumpkinDistrict Court, M.D. Alabama · 2004
- Progressive American Insurance Company v. George Jager, Randy Christman, Randal Deforge, and Blue Ray Transport, LLCDistrict Court, M.D. Florida · 2025