Ellis v. Principi

MEMORANDUM OPINION AND ORDER

TOM S. LEE, Chief Judge.

This cause is before the court on the motion of defendant Anthony J. Principi, in his capacity as Secretary of the Department of Veterans Affairs, to dismiss pursuant to Rule 4(m) of the Federal Rules of Civil Procedure for failure to timely effect service of process. Plaintiff Pamela Ellis has responded in opposition to the motion and the court, having considered the parties’ submissions, pertinent authorities and the record in this cause, concludes that defendant’s motion should be denied.

Federal Rule of Civil Procedure Rule 4(m) requires…