Washington v. United Parcel Service

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION

DEENA WASHINGTON, Plaintiff, No. CV 20-77-H-SEH VS. ORDER UNITED PARCEL SERVICE, INC., Defendant.

On February 17, 2021, the Court ordered Plaintiff's counsel to appear and show cause why the case should not be dismissed for failure serve Defendant with process. On February 26, 2021, Plaintiff was granted until March 12, 2021, in which to effect service.” Service was made on March 3, 2021.3 Defendant requested and was granted additional time “in which to serve its

' See Doe. 3. ? See Doc. 4. 3 See Doc. 5.

response to Plaintiffs Complaint.” Defendant’s Motion to Dismiss Pursuant to FRCP 4(m) & 12(b)(5) was filed on March 29, 2021.° By order of March 30, 2021,° the Court ordered an expedited hearing on Defendant’s March 29, 2021, motion. Responsibilities of the Court include administration of justice in a manner that will yield full and fair disposition of issues presented. The Court may, in its discretion, grant additional time to complete service.’ It has done so. No useful purpose would be served by further delay in address and resolution of Defendant’s pending motion.® ORDERED: 1. Defendant’s Motion to Dismiss Pursuant to FRCP 4(m) & 12(b)(5)’ is DENIED.

4 See Doc. 8 at 2. > See Doc. 11. ® See Doc. 14. 7 Mann v. American Airlines, 324 F.3d 1088, 1090-91 (9th Cir. 2003); In re Sheehan, 253 F.3d 507, 512-13 (9th Cir. 2001). ® Doc. 11. * Doc. 5.

2. Defendant shall file an answer to the Complaint on or before April 23, 2021. DATED this GE day of April, 2021.

, J E, HADDON United States District Judge