The next issue is whether Officer Nimo received notice of the action and knew or should have known that he was the John Doe Defendant “within the period provided by Rule 4(m) for serving the summons and complaint.”
Fed.R.Civ.P. 15(c)(1)(C). The relevant time period here ends August 11, 2013. Rule 4(m) provides that the defendant must be served within 120 days after the filing of the complaint, but that the court may extend the time for service upon a showing of good cause. The Advisory Committee Note of 1991, which accompanied the enactment of what is now
Rule 15(c)(1)(C), formerly
Rule 15(c)(3), provides: “In allowing a name-correcting amendment within the time allowed by Rule 4(m), this rule allows not only the 120 days specified in that rule, but also any additional time resulting from any extension ordered by the court pursuant to that rule....” Here, the Court extended the time for service to August 11, 2013, the operative date for purposes of
Rule 15(c)(1)(C). There is no question that by August 11, 2013, Officer Nimo had actual notice of the action and knew that he was the John Doe Defendant named in the original complaint, because he was served on July 16, 2013.