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Dismissal for Failure to Serve Defendant Partially Affirmed, and Criminal Matter

By FindLaw Staff | Last updated on

Gerena v. Korb, No. 09-2594, involved an action arising from an alleged dorm room sexual and physical assault, wherein plaintiffs' appealed from a dismissal of their action under Federal Rule of Civil Procedure 4(m) for failure to timely serve defendants.  The court of appeals affirmed in part on the ground that the district court was within the bounds of its discretion in determining that plaintiffs had neither sought nor received an extension of time to serve defendant university.  However, the court reversed in part on the ground that it was an abuse of discretion to find that plaintiffs' time to serve an individual defendant had not been extended by a previous district judge prior to transfer.

US v. Amanuel, No. 06-1103, concerned a prosecution for conspiracy to distribute cocaine.  The district court vacated the grant of defendants' motion to suppress certain intercepted electronic communications, on the ground that  the failure properly to record and seal the electronic interceptions was not a constitutional violation that merits suppression under 18 U.S.C. section 2518(10)(c).

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