Crossetti v. Cargill, Inc., 051319 FED1, 18-1622

Docket Nº:18-1622
Opinion Judge:LYNCH, CIRCUIT JUDGE.
Party Name:GINA CROSSETTI, as Personal Representative of the Estate of Robert A. Crossetti, Jr., Plaintiff, Appellant, v. CARGILL, INCORPORATED, Defendant, Appellee.
Attorney:Robert R. Herrick, with whom Nicholson Herrick LLP was on brief, for appellant. Robert J. Gilbertson, with whom Jenny Gassman-Pines, Caitlinrose H. Fisher, Greene Espel PLLP, Jeffrey E. Poindexter, Elizabeth S. Zuckerman, and Bulkley Richardson & Gelinas LLP were on brief, for appellee.
Judge Panel:Before Torruella, Lynch, and Kayatta, Circuit Judges.
Case Date:May 13, 2019
Court:United States Courts of Appeals, Court of Appeals for the First Circuit
 
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GINA CROSSETTI, as Personal Representative of the Estate of Robert A. Crossetti, Jr., Plaintiff, Appellant,

v.

CARGILL, INCORPORATED, Defendant, Appellee.

No. 18-1622

United States Court of Appeals, First Circuit

May 13, 2019

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Katherine A. Robertson, U.S. Magistrate Judge]

Robert R. Herrick, with whom Nicholson Herrick LLP was on brief, for appellant.

Robert J. Gilbertson, with whom Jenny Gassman-Pines, Caitlinrose H. Fisher, Greene Espel PLLP, Jeffrey E. Poindexter, Elizabeth S. Zuckerman, and Bulkley Richardson & Gelinas LLP were on brief, for appellee.

Before Torruella, Lynch, and Kayatta, Circuit Judges.

LYNCH, CIRCUIT JUDGE.

Massachusetts Rule of Civil Procedure 4(j) requires a plaintiff to effect service of process within ninety days of filing suit. Mass. R. Civ. P. 4(j). Massachusetts courts accord this deadline "the respect reserved for a time bomb." Comm'r of Rev. v. Carrigan, 698 N.E.2d 23, 28 (Mass. App. Ct. 1998) (quoting Braxton v. United States, 817 F.2d 238, 241 (3d Cir. 1987)). The plaintiff in this removed diversity suit failed to meet that deadline.

In a thoughtful opinion, the court granted the defendant's motion to dismiss for insufficient timely service of process. Crossetti v. Cargill, Inc., No. 3:18-CV-30002-KAR, 2018 WL 2770130, at *1 (D. Mass. June 8, 2018). The court also denied the plaintiff's motion for an extension of time to perfect service of process. Id. We affirm.

I.

We briefly describe the relevant background, taking the complaint's allegations as true for these purposes. In November 2014, Robert Crossetti, Jr., died from work-related injuries sustained from a machine owned and "superintende[d]" by Cargill, Inc. Gina Crossetti, as personal representative of Robert's estate, sued Cargill in Massachusetts Superior Court on September 28, 2017, bringing claims for negligence and wrongful death. The statutes of limitations on Crossetti's claims ran shortly thereafter, on November 19, 2017. See Mass. Gen. Laws ch. 260, § 2A (three years for negligence); Mass. Gen. Laws ch. 229, § 2 (same for wrongful...

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