Mosammat Akhter and Momhammad Karim v. John Patrick Mooney and United Parcel Service

Beaumont, Texas personal injury car wreck lawyer represented the Plaintiff who sued on auto negligence theories.



On June 6, 2019, Mosammat Akhter was driving with her husband, Mohammad Karim, when they crashed in Texas. Akhter collided with a truck owned by the United Parcel Service ("UPS”) and driven by John Patrick

Mooney.



Roughly a year later, on October 27, 2020, Akhter and Karim filed suit against Mooney and UPS in the United States District Court for the District of New Jersey. Akhter and Karim did not serve the defendants. After Federal

Rule of Civil Procedure 4(m)'s 9 0-day window for service closed, the district court dismissed the case without prejudice. Long thereafter, upon plaintiffs' request, the district court agreed to reopen the case. When it was all said and

done, Akhter and Karim delayed over 20 months from filing before serving UPS on July 12, 2022. They delayed over 26 months before serving Mooney on January 5, 2023.



After the district court reopened the case, the defendants filed a mo- tion to dismiss for lack of personal jurisdiction and improper venue. In the alternative, they requested that the case be transferred under 28 U.S.C.

§ 1406 to the United States District Court for the Eastern District of Texas.



The plaintiffs supported the transfer request. The district court granted the motion to transfer.



In the Eastern District of Texas, the defendants moved for dismissal under Rule 12(b)(6), arguing the suit was time-barred

Motion to dismiss granted.



Affirmed.