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MORRISSEY v. MAYORKAS

No. 20-5024, No. 20-5042.

17 F.4th 1150 (2021)

Paul S. MORRISSEY, Appellant, v. Alejandro N. MAYORKAS, Secretary, U.S. Department of Homeland Security, Appellee. Kelly Stephenson, Appellant, v. Pete Buttigieg, Secretary, U.S. Department of Transportation, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided November 9, 2021.

Attorney(s) appearing for the Case

Andrew T. Tutt argued the cause for appellant Paul S. Morrissey. With him on the briefs were Allon Kedem and Kyle Lyons-Burke .

Matthew S. Hellman was on the briefs for amicus curiae Professors of Civil Procedure in support of appellants Paul S. Morrissey and Kelly Stephenson.

Kyle Lyons-Burke argued the cause for appellant Kelly Stephenson. With him on the briefs were Allon Kedem and Andrew T. Tutt .

Matthew J. Glover , Counsel to the Assistant Attorney General, U.S. Department of Justice, argued the causes for appellees. With him on the briefs were R. Craig Lawrence and Jane M. Lyons , Assistant U.S. Attorneys.

Dissenting opinion filed by Circuit Judge MILLETT.

These two cases raise a common question: if a plaintiff fails to properly serve the United States and the statute of limitations has run, is it an abuse of discretion for a district court not to grant an extension of time to effectuate service? In each case a federal employee sought to sue his federal agency for discrimination...

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