Marshall Feature Recognition, LLC v. ValPak Direct Marketing Systems, Inc., No. 2:14-cv-00253 (E.D. Tex. Nov. 7, 2014)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Before the Court is Valpack Direct Marke ting Systems, Inc.’s Motion to Dismiss and Memorandum in Support of Motion to Dismiss (Dkt. No. 6, filed September 15, 2014.) APPLICABLE LAW Federal Rule of Civil Procedure (“F.R.C.P.”) § 4(m) (2012) provides for “Time Limit for Service” as follows: If a defendant is not served with in 120 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the acti on without prejudice against that defendant or order that service be made within a specified time.