MCCALL v. NEMOURS CHILDREN'S HOSPITAL

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MISS TIFFANY MCCALL,
Plaintiff,
v.
NEMOURS CHILDREN’S HOSPITAL
and DENAE SWEENY,
Defendants.
CIVIL ACTION
NO. 25-1162
ORDER
AND NOW, this 13th day of October 2026, upon consideration of Defendant
Nemours Children’s Hospital’s Motion for Summary Judgment (Dkt. No. 24) and
Statement of Undisputed Material Facts (Dkt. No. 26-2) and Plaintiff Miss Tiffany
McCall’s Response (Dkt. No. 26), it is ORDERED that the Motion is GRANTED and
judgment is entered for Nemours Children’s Hospital.
McCall shall serve Denae Sweeny with process1 in a manner consistent with
Federal Rule of Civil Procedure 4 on or before January 11, 2027. Failure to do so will
result in a dismissal with prejudice under Federal Rule of Civil Procedure 41(b).
BY THE COURT:
/s/ Gerald J. Pappert
Gerald J. Pappert, J.
1 Pursuant to Federal Rule of Civil Procedure 4(m), where a “defendant is not served within 90 days after the
complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without
prejudice or order that service be made within a specified time.” McCall filed her Second Amended Complaint on
October 24, 2025. (Dkt. No. 10.) On March 25, 2026, she filed a verification of service stating she “has run out of
options on service locations for Sweeny.” (Dkt. No. 22.) Far more than 90 days have passed since the complaint
was filed, and Sweeny has still not been served in a manner consistent with Rule 4(m).
Case 2:25-cv-01162-GJP Document 30 Filed 10/13/26 Page 1 of 1