McMillian v. Wells Fargo Bank, NA
Filing
23
MEMORANDUM. Signed by Judge J. Frederick Motz on 9/23/13. (c/m 9/23/13 mps, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
SABRINA DODD MCMILLIAN
v.
WELLS FARGO BANK, NA
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Civil No. – JFM-12-2826
MEMORANDUM
Defendant has filed a motion to dismiss plaintiff’s amended complaint. The motion will
be granted.
It appears that the issues presented by this litigation would be best resolved by the
Probation Court in California. That, however, is not the basis for this court’s dismissal of the
amended complaint. Rather, the record makes it abundantly clear that plaintiff has not stated
good cause for her failure to effect service upon defendant within the time required by Fed. R.
Civ. P. 4(m). Although the care given by plaintiff to her late aunt is commendable and although
the aunt’s death is regrettable, the fact of the matter is that plaintiff had ample time to effect
service of process. Moreover, although it is not necessary for defendant to demonstrate any
prejudice caused by virtue of plaintiff’s delay in effecting service, defendant has been unable to
locate the person who received funds in 2009 from the accounts of Rita Pimpton, a fact clearly
prejudicial to its case.
A separate order granting defendant’s motion is being entered herewith.
Date: September 23, 2013
__/s/______________________
J. Frederick Motz
United States District Judge
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