9. Is it in the interests of justice to dismiss or to transfer a misfiled case in
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9. Is it in the “interests of justice” to dismiss or to transfer a misfiled case in the following circumstances:
(a) The original complaint named several “John Doe” defendants with unknown residences, see Bunn v. Gleason, 462 F.Supp.2d 317 (D. Conn. 2006).
(b) Defendant was subject to nationwide service of process under the Clayton Act, see Cumberland Truck Equipment Co. v. Detroit Diesel Corp., 401 F. Supp.2d 415
(E.D. Pa. 2005).
(c) The action would be time-barred in the transferor court, but not in the transferee court, see Spar, Inc. v. Information Resources, Inc., 956 F.2d 392 (2d Cir. 1992).
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Civil Procedure Cases And Materials
ISBN: 9780314280169
11th Edition
Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff
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