UD DOL v. Total Property
UD DOL v. Total Property
Opinion
December 8, 1994 [NOT FOR PUBLICATION]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.
Reference
- Status
- Unpublished