Melo v. Bailey

WOOD, District Judge.

This is a personal injury action in which the service was made on the defendants pursuant to our Order deputizing the United States Marshal in Trenton, New Jersey to serve the defendants. Service was made accordingly on July 6, 1960, but the suit papers were not transmitted to the parties responsible for the defense of the action until about September 30, 1960. Counsel for plaintiff, although willing to extend defendants’ time in which to file an answer, opposes any extension of time for defendants to attack the validity of the service.

Rule 6(b) of the Federal Rules of…