Russo v. Prudential Insurance Co. of America

MEMORANDUM

LOUIS H. POLLAK, District Judge.

Plaintiff commenced this action for wrongful termination of employment in the Court of Common Pleas of Philadelphia County on or about January 7, 1986, but did not serve a copy of the complaint upon defendant until August 15, 1986. Defendant removed the case to federal court on September 9, 1986 on grounds of diversity of citizenship. Defendant then moved to dismiss the complaint without prejudice for failure to comply with Federal Rule of Civil Procedure 4(j). Plaintiff states that the granting of this motion will have the effect of a dismissal with…