VLA&S successfully obtained the dismissal of a major national retailer from an action based on the plaintiff’s failure to timely serve the Complaint.
The plaintiff, who allegedly suffered injuries inside one of the retailer’s stores, waited to file her lawsuit until the end of her two-year statute of limitations and then she waited another 21 months to serve the Complaint on the retailer. Instead of filing an Answer, Jennifer Thomas & Melissa Horst moved to quash the service of summons and requested that the case be dismissed as the retailer had been intentionally cut out of the discovery process for nearly 4 years.
The Court agreed, noting that plaintiff ignored local rules requiring service of the Complaint within 60 days after initiating an action. It also ruled that plaintiff’s “prolonged delay” was “inexcusable and resulted in serious prejudice” to the retailer.