Legal Opinion

Whipple v. Pharmacia & Upjohn Co.

Court of Appeals for the Ninth Circuit

Decided May 8, 2001No. 99-16973; D.C. No. CV-98-03765-MGPPublished

1Opinion of the Court

MEMORANDUM *

Plaintiff Candy Whipple appeals from the district court’s dismissal of her products liability action against defendant Pharmacia & Upjohn Company for failure to make timely service under Fed.R.Civ.P. 4(m). We affirm, because WTiipple has failed to show good cause for her failure to serve process within the 120-day period prescribed by Fed.R.Civ.P. 4. Nor has she provided any basis for a discretionary extension of that period.

Whipple claims that she failed to serve process within the 120-day period because she was awaiting a ruling by the United States District Court for the…

2Cases cited1 opinion

  1. Salow v. Circus-Circus Hotels, Inc.District Court, D. Nevada · 1985

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