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    Sample Opposition To Rule 4 (M) Motion To Dismiss For United States District Court

    Uploaded by

    Stan Burman
    This sample opposition to a motion to dismiss under Rule 4(m) of the Federal Rules of Civil Procedure is made on the grounds that good cause was shown for the failure to timely serve defendants in United States District Court. The sample can be modified and used for any State in the jurisdiction of the Ninth Circuit Court of Appeals The sample has been revised and updated in December 2016 and contains a memorandum of points and authorities with citations to case law and statutory authority, brief instructions, a sample declaration, and a proof of service by mail. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    Sample Opposition To Rule 4 (M) Motion To Dismiss For United States District Court

    Uploaded by

    Stan Burman
    3K views4 pages
    This sample opposition to a motion to dismiss under Rule 4(m) of the Federal Rules of Civil Procedure is made on the grounds that good cause was shown for the failure to timely serve defendants in United States District Court. The sample can be modified and used for any State in the jurisdiction of the Ninth Circuit Court of Appeals The sample has been revised and updated in December 2016 and contains a memorandum of points and authorities with citations to case law and statutory authority, brief instructions, a sample declaration, and a proof of service by mail. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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    Sample Opposition to Rule 4(m) Motion to Dismiss for United States District Court

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    This sample opposition to a motion to dismiss under Rule 4(m) of the Federal Rules of Civil Procedure is made on the grounds that good cause was shown for the failure to timely serve defendants in United States District Court. The sample can be modified and used for any State in the jurisdiction of the Ninth Circuit Court of Appeals The sample has been revised and updated in December 2016 and contains a memorandum of points and authorities with citations to case law and statutory authority, brief instructions, a sample declaration, and a proof of service by mail. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    3K views4 pages

    Sample Opposition To Rule 4 (M) Motion To Dismiss For United States District Court

    Uploaded by

    Stan Burman
    This sample opposition to a motion to dismiss under Rule 4(m) of the Federal Rules of Civil Procedure is made on the grounds that good cause was shown for the failure to timely serve defendants in United States District Court. The sample can be modified and used for any State in the jurisdiction of the Ninth Circuit Court of Appeals The sample has been revised and updated in December 2016 and contains a memorandum of points and authorities with citations to case law and statutory authority, brief instructions, a sample declaration, and a proof of service by mail. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 4

    1 Any Attorney or Party

    Any Street
    2 Any Town, CA 55555

    3 714-555-5555

    4 Any Attorney or Party

    8
    UNITED STATES DISTRICT COURT
    9 ________ DISTRICT OF _____________

    10

    11 Any Plaintiff, ) Case No.


    )
    12 Plaintiff, )
    OPPOSITION TO MOTION TO DISMISS
    )
    COMPLAINT; MEMORANDUM OF POINTS AND
    13 vs. )
    AUTHORITIES; DECLARATION OF _________;
    )
    EXHIBITS
    14 Any Defendant, and DOES 1-5 )
    )
    Defendants. ) DATE:
    15
    ) TIME:
    ) PLACE
    16
    )
    )
    17
    )
    )
    18

    19
    To subscribe to my FREE weekly legal newsletter visit
    20

    21 http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail


    22

    23
    address. Be sure to remove this notice and all other notices before
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    using this document.
    25

    26 To view other documents for sale by LegalDocsPro visit


    27
    http://www.scribd.com/LegalDocsPro
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    - 1 -
    OPPOSITION TO MOTION TO DISMISS COMPLAINT
    1 TO DEFENDANT ______________________AND THEIR ATTORNEYS OF RECORD:
    2 Plaintiff, ____________ (Plaintiff), hereby submits their opposition to the Motion of
    3
    Defendant, (Defendant), for dismissal of Plaintiffs Complaint under Rule 4(m) of the Federal
    4
    Rules of Civil Procedure. This opposition is made due to the fact that Defendant was served with the
    5

    6
    Summons and Complaint on ______, and further, that counsel for Plaintiff, has now ascertained the

    7 current addresses for Defendants, __________, and ____________, and on ___________ submitted

    8 two copies of the summons and complaint to ________ for service on both Defendants as more fully
    9
    set forth in the declaration of __________ and Exhibits attached thereto, which are attached hereto
    10
    and incorporated herein by reference.
    11
    This opposition is further made based on the fact that good cause has been shown for
    12

    13 Plaintiffs failure to timely effect service on Defendants.

    14 This opposition is based upon this Opposition to Motion, the Memorandum of Points and
    15
    Authorities, and the declaration of _____________ and Exhibits attached thereto, along with all
    16
    pleadings and papers on file in this action, and on any arguments made at the hearing of the Motion.
    17

    18
    Dated_________________________ _______________________________________
    19 Any Attorney or Party

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    - 2 -
    OPPOSITION TO MOTION TO DISMISS COMPLAINT
    1 MEMORANDUM OF POINTS AND AUTHORITIES
    2 I.
    3
    STATEMENT OF FACTS
    4
    Plaintiff, _______________, (Plaintiff), filed their complaint in the United States District
    5

    6
    Court, __________ District of __________ on ________ .

    7 On __________, Defendant _______________ (Defendant) was served with a copy of the

    8 summons and complaint. And on ________, proof of service of the summons and complaint on
    9
    _______ was filed with the Court. A true and correct copy of said proof of service is attached as
    10
    Exhibit 1 to the declaration of ______________ attached hereto and incorporated herein by
    11
    reference.
    12

    13 On ___ counsel for plaintiff after ___ attempts to serve Defendants___ and ____, ascertained

    14 the current addresses for Defendants and on ___________ submitted two copies of the summons and
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    complaint to ________ for service on both Defendants as more fully set forth in the declaration of
    16
    __________ and Exhibits attached thereto, which are attached hereto and incorporated herein by
    17
    reference.
    18

    19 Plaintiff contends that the Court should not grant the Motion to Dismiss because good cause

    20 has been shown for the failure to timely effect service as shown by the declaration of __________
    21
    and Exhibits attached thereto, which is attached hereto and incorporated herein by reference.
    22

    23
    To purchase the entire document visit:
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    https://legaldocspro.myshopify.com/products/sample-
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    opposition-to-rule-4m-motion-to-dismiss-for-united-states-
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    OPPOSITION TO MOTION TO DISMISS COMPLAINT
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    - 4 -
    OPPOSITION TO MOTION TO DISMISS COMPLAINT

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