Locklear v. Bergman & Beving AB

224 F.R.D. 377, 2004 U.S. Dist. LEXIS 22172, 2004 WL 2453938
CourtDistrict Court, D. Maryland
DecidedOctober 29, 2004
DocketNo. CIV.JFM-02-4087
StatusPublished
Cited by3 cases

This text of 224 F.R.D. 377 (Locklear v. Bergman & Beving AB) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Locklear v. Bergman & Beving AB, 224 F.R.D. 377, 2004 U.S. Dist. LEXIS 22172, 2004 WL 2453938 (D. Md. 2004).

Opinion

OPINION

MOTZ, District Judge.

On December 20, 1999, Aaron Locklear was seriously injured in an industrial accident. His right hand was “degloved” when it became caught in a metal fabrication machine he was operating during the course of his employment at Maryland Plastics, Inc. in Aberdeen, Maryland. He has brought this action against Luna AB (“Luna”), a Swedish corporation that he alleges manufactured the machine, and Bergman & Beving AB (“Bergman”), another Swedish corporation that he alleges is the parent of Luna.

Defendants have filed motions to dismiss on the grounds that the action is time barred and that they are not subject to personal jurisdiction in Maryland. Finding that the action is time barred, I do not reach the jurisdictional question.

I.

Plaintiff filed his original complaint in this court on December 17, 2002. Based on a label found stamped on the metal fabrication machine, Plaintiff named as defendants (a) Hassleholms Mekanisk AB (“Hassleholms”), (b) a Hassleholms Wire Roller Machine identified by serial number, and (c) as “John Doe” defendants, the unknown seller, distributor, and importer of the machine.

Plaintiff did not serve the originally named defendants within the 120-day period required by Fed.R.Civ.P. 4(m). On April 30, 2003, I entered an order pursuant to Rule 4(m) directing Plaintiff to effect service on or before September 17, 2003. On September 4, 2003, Plaintiff filed a motion requesting a [379]*379further nine months in which to effect service. In the motion Plaintiff indicated he had discovered that the actual manufacturer of the machine in question was not Hassleholms but another Swedish company. I granted the motion on September 8, 2003, giving Plaintiff nine months in which to effect service and requesting that an amended complaint be filed on or before October 10, 2003.

On October 9, 2003, Plaintiff filed his amended complaint, naming Luna and Bergman as defendants for the first time. He also altered the “John Doe” Defendants to encompass the unknown seller, distributor, and importer of a Luna Wire Roller Machine identified by the same serial number used in the original complaint.1 Plaintiffs first contact with Defendants came via email messages sent to corporate officers for Luna and Bergman on or about February 20, 2004. According to affidavits submitted by Defendants, which are undisputed by Plaintiff, these emails were the first time that Defendants heard about the case.

On March 26, 2004, summonses were issued for Luna and Bergman. Process was effected on them on April 28, 2004.

II.

Maryland’s three-year statute of limitations applies to this case. Md.Code Ann., Cts. & Jud. Proc. § 5-101.2 Because the amended complaint was filed more than three years after the incident in question, it must “relate back” to the original complaint in order to be considered timely. Relation back is governed by Fed. R. Civ. P 15(c), which provides:

An amendment of a pleading relates back to the date of the original pleading when
(1) relation back is permitted by the law that provides the statute of limitations applicable to the action, or
(2) the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, or
(3) the amendment changes the party or the naming of the party against whom a claim is asserted if the foregoing provision (2) is satisfied and, within the period provided by Rule 4(m) for service of the summons and complaint, the party to be brought in by amendment (A) has received such notice of the institution of the action that the party will not be prejudiced in maintaining a defense on the merits, and (B) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against the party.

As this case deals with new defendants, three elements of Rule 15(c)(3) apply. First, the claim must involve the same transaction or occurrence. Second, Luna and Bergman must have received notice of the action within the period provided by Rule 4(m) for service of the summons and complaint such that they will not be prejudiced in maintaining a defense on the merits. Third, Luna [380]*380and Bergman must have known or should have known within the same notice period that the action would have been brought against them but for a mistake concerning identity. Defendants do not contest that Locklear’s amended complaint arises out of the same transaction or occurrence as the original complaint. Thus, resolution of this question requires an inquiry into the remaining two requirements of Rule 15(e)(3).

A.

Rule 15(c)(3) requires a new defendant to receive notice of the institution of an action “within the period provided by Rule 4(m) for service of the summons and complaint.” Rule 4(m) generally provides that a summons and complaint be filed within 120 days. In the present case, the 120-day period expired long before Defendants received their first notice of the suit. The original complaint was filed on or about December 17, 2002, and Defendants first received notice of the suit on February 20, 2004, more than fourteen months later.3

Rule 4(m), however, permits the granting of extensions to effect service. At Plaintiffs request, I granted two such extensions, and Defendants did receive email notification of the suit before the second extension expired. Plaintiff, relying upon the advisory committee notes to Rule 15(c)(3), contends that Defendants therefore received timely notice. The committee notes provide in relevant part:

In allowing a name-correcting amendment within the time allowed by Rule 4(m), this rule allows not only the 120 days specified in that rule, but also any additional time resulting from any extension ordered by the court pursuant to that rule, as may be granted, for example, if the defendant is a fugitive from service of the summons.

Fed.R.Civ.P. 15(c), advisory committee’s notes (1991 amendment).

This committee note refers to “a name-correcting amendment.” Thus, the question arises whether the naming of entirely new defendants in an amended complaint (as was done here) falls within the purview of the rule. The context of the committee note suggests the answer is no. The note begins by stating that paragraph (c)(3) “has been revised to change the result in Schiavone v. Fortune [477 U.S. 21, 106 S.Ct. 2379, 91 L.Ed.2d 18 (1986)] with respect to the problem of a misnamed defendant.” Schiavone was a case in which the defendant truly was “misnamed.” There, the plaintiff named “Fortune” as the defendant in a claim for libel based on an article that appeared in Fortune magazine. “Fortune” was the name of an internal division of Time, Incorporated (Time). 477 U.S. at 23, 106 S.Ct. 2379.

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224 F.R.D. 377, 2004 U.S. Dist. LEXIS 22172, 2004 WL 2453938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/locklear-v-bergman-beving-ab-mdd-2004.