Legal Opinion
Motsinger v. Flynt
District Court, M.D. North Carolina
Decided March 15, 1988No. C-87-847-WSPublishedCited by 47 opinions
1Opinion of the Court
ORDER
RUSSELL A. ELIASON, United States Magistrate.
This case presents two issues for resolution. One, which apparently is of first impression, concerns whether the time limitation to serve process contained in Rule 4(j), Fed.R.Civ.P., applies to cases which have been removed to federal court from state court pursuant to 28 U.S.C. § 1441, et seq., and if so, how should it be computed. The second concerns plaintiff’s attempt to postpone his deposition due to illness.
I
For the first issue, plaintiff moves for an extension of time within which to perfect service of process on both defendants. The…
2Cases cited16 opinions
- Granny Goose Foods, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers, Local No. 70Supreme Court of the United States · 1974
- Winters v. Teledyne Movible Offshore, Inc.Court of Appeals for the Fifth Circuit · 1985
- Sheldon Lovelace v. Acme Markets, IncCourt of Appeals for the Third Circuit · 1987
- Green, Francis v. Humphrey Elevator and Truck Company and Maintenance CompanyCourt of Appeals for the Third Circuit · 1987
- John Beecher v. George C. WallaceCourt of Appeals for the Ninth Circuit · 1967
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3Cited by47 opinions
- Minter v. Wells Fargo Bank, N.A.District Court, D. Maryland · 2009
- Alexander v. Federal Bureau of InvestigationDistrict Court, District of Columbia · 1998
- Baron Financial Corp. v. NatanzonDistrict Court, D. Maryland · 2006
- Jennings v. Family ManagementDistrict Court, District of Columbia · 2001
- Selman v. American Sports Underwriters, Inc.District Court, W.D. Virginia · 1988
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