Perry v. Harley-Davidson Motor Company Group, LLC et al

Filing 7

MEMORANDUM AND ORDER DENYING 6 Plaintiff's Motion to defer dismissal and DISMISSING case without prejudice. Signed by Judge Peter J. Messitte on 9/21/2012. (ebs2, Deputy Clerk)

UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
PETER J. MESSITTE

6500 CHERRYWOOD LANE
GREENBELT, MARYLAND 20770
301-344-0632

UNITED STATES DISTRICT JUDGE

MEMORANDUM
TO:

Scott A. Bowling, Esquire
Chapman & Bowling, LLC
P.O. Box. 610
La Plata, MD 20646

FROM:

Judge Peter J. Messitte

RE:

Perry v. Harley-Davidson Motor Company Group, LLC et al.
Civil Case No. PJM 12-1530

DATE:

September 21, 2012
******

Plaintiff Kevin M. Perry has filed a motion asking for deferred dismissal of this action and an additional
120 days to effectuate service of process on Defendants Harley-Davidson Motor Company Group, LLC
and Harley-Davidson Motor Group, Inc.
The reason given for Plaintiff’s request is that Plaintiff has had difficulty in determining the specific
resident agent for the Defendants.
This hardly constitutes “good cause” within the meaning of Federal Rule of Civil Procedure 4(m).
It should not have taken Plaintiff nearly 120 days to find out if Defendants have resident agents in
Maryland, and if they did not, to arrange for substitute service, as provided for under the Federal Rules
and Maryland Rule 2-124(o). Within a few minutes of calling the State Department of Assessments and
Taxation, Chambers was able to ascertain that there is no listed resident agent for either of these entities
in Maryland. There were, however, over 20 Harley-Davidson entities registered in Maryland. Plaintiff
may wish to consider if he has sued the correct entities.
For this reason, Plaintiff’s Motion is DENIED.
The case will be DISMISSED without prejudice. Plaintiff may, of course, choose to refile the case.
Despite the informal nature of this ruling, it shall constitute an Order of the Court and the Clerk is
directed to docket it accordingly.

/s/
PETER J. MESSITTE
UNITED STATES DISTRICT JUDGE