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CHEN v. MAYOR AND CITY COUNCIL

Docket No.: 13-10400
Certiorari Granted: November 7, 2014

PartyNames: Bobby Chen v. Mayor and City Council of Baltimore, Maryland, et al.
Petitioner: Bobby Chen
Respondent: Mayor and City Council of Baltimore, Maryland, et al.

Court Below: United States Court of Appeals for the Fourth Circuit
Citation: 546 Fed.Appx 187
Supreme Court Docket

Bobby Chen
v.
Mayor and City Council of Baltimore, Maryland, et al.
Background:

Congress enacted the Federal Rule of Civil Procedure 4(m) of 1993 (See 3b), stating that if defendant is not served within 120 days after the complaint is filed, the court can either dismiss the action or extend the service time, but if the plaintiff shows good cause for the failure, the court must extend the time for service. However, the court below has issued directly conflicting judgment about the Rule 4(m)'s mandate.

Consideration Limited:

"WHETHER, UNDER FEDERAL RULE OF CIVIL PROCEDURE 4(m), A DISTRICT COURT HAS DISCRETION TO EXTEND THE TIME FOR SERVICE OF PROCESS ABSENT A SHOWING OF GOOD CAUSE, AS THE SECOND, THIRD, FIFTH, SEVENTH, NINTH, TENTH, AND ELEVENTH CIRCUITS HAVE HELD, OR WHETHER THE DISTRICT COURT LACKS SUCH DISCRETION, AS THE FOURTH CIRCUIT HAS HELD?"

Note:

WHETHER, UNDER FEDERAL RULE OF CIVIL PROCEDURE 4(m), A DISTRICT COURT HAS DISCRETION TO EXTEND THE TIME FOR SERVICE OF PROCESS ABSENT A SHOWING OF GOOD CAUSE, AS THE SECOND, THIRD, FIFTH, SEVENTH, NINTH, TENTH, AND ELEVENTH CIRCUITS HAVE HELD, OR WHETHER THE DISTRICT COURT LACKS SUCH DISCRETION, AS THE FOURTH CIRCUIT HAS HELD?"

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