Elawyers Elawyers
Ohio| Change

UD DOL v. Total Property, 94-1719 (1994)

Court: Court of Appeals for the First Circuit Number: 94-1719 Visitors: 29
Filed: Dec. 08, 1994
Latest Update: Mar. 02, 2020
Summary: December 8, 1994 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ____________________ No. 94-1719 U.S. DEPARTMENT OF LABOR, Plaintiff, Appellee, v. TOTAL PROPERTY SERVICES, INC., ET AL., _____________ ____________________ James Lawson on brief pro se.
USCA1 Opinion









December 8, 1994
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

____________________


No. 94-1719

U.S. DEPARTMENT OF LABOR,

Plaintiff, Appellee,

v.

TOTAL PROPERTY SERVICES, INC., ET AL.,

Defendants, Appellants.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Douglas P. Woodlock, U.S. District Judge] ___________________

____________________

Before

Cyr, Circuit Judge, _____________
Bownes, Senior Circuit Judge, ____________________
and Stahl, Circuit Judge. _____________

____________________

James Lawson on brief pro se. ____________
Thomas S. Williamson, Jr., Solicitor of Labor, Monica Gallagher, __________________________ _________________
Associate Solicitor, William J. Stone, Counsel for Appellate ___________________
Litigation, and Joan Brenner, Attorney, U.S. Department of Labor, on _____________
brief for appellee.


____________________


____________________
















Per Curiam. We have reviewed the record and briefs __________

and now affirm the default judgment entered below. The

district court implicitly authorized the extension of time

for service when it granted the Secretary's motion for

appointment of a special process server, vacated its July 6,

1993 judgment of dismissal, and granted the Secretary's

motion for entry of a default judgment. We reject

appellant's hypertechnical reading of Fed. R. Civ. P. 4(j)

and 6(b)(2), and we find no abuse of the court's considerable

discretion in extending the time for service. Similarly, the

court did not abuse its discretion in denying appellant's

motion to vacate the default judgment.

Affirmed. ________


































Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer