Dismissal for Failure to Serve Summons Affirmed

In Kurka v. Iowa Cty., No. 09-2849, an action alleging gender discrimination and retaliation against Iowa County, the court affirmed the dismissal of the action for failure to timely serve the summons, holding that 1) finding good cause based on the clerk’s error alone, as plaintiff suggested, would improperly shift the burden to effect service from plaintiff to the clerk and undermine the purpose of Fed. R. Civ. P. 4(m); and 2) plaintiff was not diligent following discovery of the error and was not forthright with the court about other matters.

Related Resources

  • Read the Eighth Circuit’s Decision in Kurka v. Iowa Cty., No. 09-2849

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