United States Fourth Circuit

Dismissal of suit as time-barred, pursuant to a finding that an amended complaint naming new defendants for first time did not relate back to original complaint under Fed. R. Civ. P. 15(c)(3), is affirmed over a claim that new defendants were properly substituted for mistakenly-named defendant and effectuated with service within a court-granted extension under Fed. R. Civ. P. 4(m).

Appellate Information

• Argued 05/22/2006
• Decided 08/07/2006
• Published 08/07/2006

Judges

• Before WILLIAMS and GREGORY, Circuit Judges, and HENRY F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Daniel Joseph Shamy, John Michael Kotzker, Kotzker & Shamy, P.L., Pompano Beach, Florida, for Appellant.  Matthew Paul Lalumia, Mudd, Harrison & Burch, L.L.P., Towson, Maryland, for Appellees.   ON BRIEF:  Douglas W. Biser, Mudd, Harrison & Burch, L.L.P., Towson, Maryland, for Appellees.