UD DOL v. Total Property ( 1994 )


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  • December 8, 1994 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 94-1719 U.S. DEPARTMENT OF LABOR, Plaintiff, Appellee, v. TOTAL PROPERTY SERVICES, INC., ET AL.,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.

Document Info

Docket Number: 94-1719

Filed Date: 12/8/1994

Precedential Status: Non-Precedential

Modified Date: 4/18/2021