Legal Opinion

Counter Terrorist Group US v. New York Magazine

Court of Appeals for the Second Circuit

Decided April 26, 2010No. 08-4355-cvUnpublishedCited by 22 opinions

1Opinion of the Court

SUMMARY ORDER

Plaintiffs-appellants appeal from the District Court’s orders (1) dismissing their complaint pursuant to Rule 4(m) of the Federal Rules of Civil Procedure for failure to serve defendants within 120 days of filing the complaint; and (2) denying their motion for an extension of time to effect service upon the defendants. We assume the parties’ familiarity with the factual and procedural history of the case.

We review the dismissal of a complaint for failure to serve process for abuse of discretion. See Zapata v. City of New York, 502 F.3d 192, 195 (2d Cir.2007). Under Rule 4(m):

If a…

2Cases cited4 opinions

  1. Henderson v. United StatesSupreme Court of the United States · 1996
  2. Zapata v. City of New YorkCourt of Appeals for the Second Circuit · 2007
  3. Denise McGregor Individually and as of the Estate of Roy McGregor v. United StatesCourt of Appeals for the Second Circuit · 1991
  4. Nagy v. DwyerCourt of Appeals for the Second Circuit · 2007

3Cited by22 opinions

  1. Hayes v. Department of EducationDistrict Court, S.D. New York · 2014
  2. Freeman v. United StatesDistrict Court, D. Connecticut · 2016
  3. Sun v. Mashantucket Pequot Gaming EnterpriseDistrict Court, D. Connecticut · 2015
  4. Benites v. New York Department of Corrections and Community SupervisionDistrict Court, S.D. New York · 2023
  5. Brookliv LLC v. MeehanDistrict Court, E.D. New York · 2022

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