United States Second Circuit

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Gerena v. Korb, 09-2594

In an action arising from an alleged dorm room sexual and physical assault, wherein plaintiffs' appealed from a dismissal of their action under Federal Rule of Civil Procedure 4(m) for failure to timely serve defendants, the order is affirmed in part where the district court was within the bounds of its discretion in determining that plaintiffs had neither sought nor received an extension of time to serve defendant university. However, the order is reversed in part where it was an abuse of discretion to find that plaintiffs' time to serve an individual defendant had not been extended by a previous district judge prior to transfer.

Appellate Information

  • Argued 02/09/2010
  • Decided 07/29/2010
  • Published 07/29/2010

Judges

  • David G. Trager

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • David L. Rabin, Rosemarie Paine