- Case Number: 2:24-CV-00435-DGA
- Source: PACER ($) Visit Website
- Source: CourtListener Visit Website
- Source: UniCourt Visit Website
- Magistrate Judge Daniel J. Albregts
- Status: Pending
On March 10, 2025, Jose DeCastro filed a proof of service that the defendants had been served. There may still be an issue as the service was made on March 4, 2025, which appears to be well outside the period of time allowed under Fed.R.Civ.P. 4(m). The case could still be dismissed if the Judge rules the service was untimely. After the defendants were served, several Ohio attorneys have filed Pro Hac Vice motions to represent the defendants in Nevada Federal Court.
On February 14, 2025, the court issued their "Notice Regarding Intention to Dismiss Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Jose DeCastro had not served the defendants within 90 days after the complaint has been filed.
He appears to have 3 options at this point, and a deadline of March 16th:
- Show that service on the party took place prior to the expiration of the time limit set forth in Fed.R.Civ.P. 4(m)
- File a good cause reason as to why the court should extend the time to serve
- Do nothing and let the case be dismissed without prejudice.
On March 4, 2024, Mr. DeCastro again tried to sue the Defendant's from his failed Ohio Federal Civil Lawsuit, this time filing and claiming residency in Nevada. With his original case filed in the U.S. District Court for the Southern District of Ohio being dismissed, and his follow-up appeal filed in the 6th Circuit Court of Appeals being denied, speculation is that this case will also be dismissed.