Anderson v. AIG Life and Retirement

Filing 6

ORDERED that the Court finds that plaintiff has shown good cause for the delay. Anderson is granted 21 days from the date this Order is served to perfect service of defendant. Signed by Magistrate Judge G. R. Smith on 5/21/15. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
WILLIAM A. ANDERSON,
Plaintiff,
Case No. CV414-278

VA
I

AIG LIFE AND RETIREMENT,
Defendant.

ORDER
In this employment discrimination case, the Court ordered plaintiff
William A. Anderson to show cause why he failed to serve defendant
within the 120 days demanded by Fed. R. Civ. P. 4(m). Doc. 3. Plaintiff
responded that same day after "blind chance" led him to the federal
courthouse to "inquire as to how much longer [he] could expect before
hearing from the judge" regarding when he could proceed with serving
defendant. Doc. 4 at 1-2. Anderson states that he understood from the
Court Clerk that he should refrain from perfecting service until after the
Court reviewed his case and told him when to move forward.

Id. at 1.

Although plaintiff's understanding is mistaken,' it appears to be held in
good faith. The Court thus finds that plaintiff has shown good cause for
his delay. Anderson is granted 21 days from the date this Order is served
to perfect service on defendant. See Fed. R. Civ. P. 4(m) (allowing courts

to order service within a specified time if a defendant is not served within
120 days after the complaint is filed). If he fails to do so, the Court will
recommend dismissal of this action.
SO ORDERED this a/ qay of May, 2015.

UNITED SLAT S MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

1

The Clerk's job is to handle court filings and distribute court forms. He and his
staff do not dispense legal advice or instructions. Plaintiff, who paid the Court's
filing fee, could not and should not rely on any such instruction from the Clerk's
office.
2