Miller v. Generac Power Systems, Inc. et al

Filing 42

ORDER granting 41 plaintiff's Motion to extend summons. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CASE NO. 15-CV-13256
HON. GEORGE CARAM STEEH

GLENN RONNIE MILLER,
Plaintiff,
v.
GENERAC POWER SYSTEMS,
INC. and DOOSAN
INFRACORE CO., LTD.,
Defendants.
________________________/

ORDER GRANTING PLAINTIFF’S MOTION TO EXTEND SUMMONS

This products liability case arises out of plaintiff Glenn Miller’s serious
injuries sustained while he was working on a generator manufactured by
defendant Generac Power Systems, Inc. (“Generac”). On November 30,
2016, the court granted plaintiff’s motion to amend the Complaint to add
Doosan Infracore Co., Ltd. (“defendant”), a South Korean corporation, as a
defendant. On December 5, 2016, plaintiff filed its First Amended
Complaint and on the same date, the summons issued. Now before the
court is plaintiff’s motion to extend the summons 90-days because
defendant is a South Korean corporation, service must be according to the
Hague Convention, and translation of the First Amended Complaint is
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required before service may be completed. Plaintiff represents that it may
take six months for service of process and has submitted a copy of a letter
by a company that conducts service of process on defendants residing in
foreign countries, including South Korea, to that effect. The 90-day time
limit for service of process under Federal Rule of Civil Procedure 4(m) does
not apply to foreign corporations under Rule 4(h)(2) and 4(f) and leaves the
time period open. The Hague Convention provides for a time limit of sixmonths. See Lexmark Int’l, Inc. v. Ink Tech. Printer Supplies, LLC, 295
F.R.D. 259, 261 (S.D. Ohio 2013) (citing Advisory Committee Notes to
Subdivision (f)(3)). Accordingly, plaintiff’s motion to extend the summons
(Doc. 41) is GRANTED.
IT IS FURTHER ORDERED that plaintiff must serve the summons
and a copy of the First Amended Complaint on defendant Doosan Infracore
Co., Ltd. on or before June 5, 2017.
IT IS SO ORDERED.
Dated: December 15, 2016
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

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CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
December 15, 2016, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk

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