Legal Opinion
Assad v. Liberty Chevrolet, Inc.
District Court, D. Rhode Island
Decided January 30, 1989No. Civ. A. No. 88-0302BPublishedCited by 11 opinions
1Opinion of the Court
REPORT AND RECOMMENDATION
JACOB HAGOPIAN, United States Magistrate.
Before the Court is General Motors Corporation’s (GMC) motion to dismiss the, above-entitled diversity action pursuant to Rule 12(b)(5) of the Federal Rules of Civil Procedure.
Defendant GMC claims that it should be dismissed from the instant action because plaintiffs failed to serve the summons and complaint upon GMC or its agent for service of process within 120 days. Federal Rules of Civil Procedure 4(j).
A summons for defendant GMC was issued on May 12,1988 was was served upon GMC’s agent on September 19, 1988, some 133 days…
2Cases cited4 opinions
- United States v. Emiliano Valencia-CopeteCourt of Appeals for the First Circuit · 1986
- Park Motor Mart, Inc. v. Ford Motor CompanyCourt of Appeals for the First Circuit · 1980
- Paterson-Leitch Company, Inc. v. Massachusetts Municipal Wholesale Electric CompanyCourt of Appeals for the First Circuit · 1988
- Winters v. Teledyne Movible Offshore, Inc.Court of Appeals for the Fifth Circuit · 1985
3Cited by11 opinions
- Elpidio Mendez v. Richard N. Elliot, Individually and in His Official Capacity the City of Gaithersburg, Maryland Montgomery County, MarylandCourt of Appeals for the Fourth Circuit · 1995
- Holmes v. Coast Transit AuthorityMississippi Supreme Court · 2002
- Leonard v. Stuart-James Co., Inc.District Court, N.D. Georgia · 1990
- Martin v. HoblitIdaho Supreme Court · 1999
- State Ex Rel. Charleston Area Medical Center, Inc. v. KaufmanWest Virginia Supreme Court · 1996
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