John Mann v. David Castiel

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

On the basis of Rule 4(m) of the Federal Rules of Civil Procedure, the district court dismissed plaintiffs’ case without prejudice for failure to prove proper service of three defendants or to show cause therefor. See Mann v. Castiel, 729 F.Supp.2d 191, 202 (D.D.C.2010). On appeal, plaintiffs contend that this was error because their failure to timely file proof of service pursuant to Rule 4(1) did not invalidate good service pursuant to Rule 4(m); the three defendants waived any objections to service by failing to object in…