St. Jeor v Kerr Corporation

St. Jeor served several defendants within the 120 day time limit. Approximately five years later, she finally served an amended complaint on Kerr which moved to dismiss for untimely service. The district court denied the motion and the Court affirmed. It held under the plain language of Rule of Civil Procedure 4(b), in a case with multiple defendants, once one of the defendant is timely served, the others may be served at any time prior to trial even if that is five years after the initial service. The Court noted the policy issues raised by Kerr warranted further review and thus it referred rule 4(b) to the procedural rules committee to review them.