PLAINTIFF'S EX PARTE APPLICATION FOR RELIEF FROM SERVICE DEADLINE; [PROPOSED] ORDER

JOHN A. MENDEZ, District Judge.

WHEREAS, the complaint in this matter was filed on October 9, 2015 (Dkt. 1);

WHEREAS, Rule 4(m) of the Federal Rules of Civil Procedure provides that all defendants are to be served 120 days from the date the complaint was filed, here February 8, 20161;

WHEREAS, Plaintiff, Robert Kalani ("Plaintiff"), has served Defendant The Avenue Grill ("The Avenue Grill") with the Summons and Complaint (Dkt. 4);

WHEREAS, Defendant Zarpad, LLC ("Zarpad"), is the only remaining defendant to be served in this action;

WHEREAS, Plaintiff has been diligently attempting to serve Zarpad with the Summons and Complaint but has not been able to effect service to date, and believes that Zarpad is either out of town or evading service, as more particularly set forth in the declaration of Tanya E. Moore, filed herewith;

WHEREAS, Plaintiff and The Avenue Grill believe that a full resolution of Plaintiff's claims will require the participation from Zarpad;

WHEREAS, this request is made ex parte because the service deadline expires February 8, 2016. Plaintiff had hoped that this application would not be necessary, and that the ongoing efforts at service would be productive. However, it has now been determined that additional time will be needed to fully exhaust all means of service prior to seeking service via publication or other means, which knowledge could not have been gained in time to bring a properly noticed motion;

WHEREAS, counsel for The Avenue Grill has stated that he does not oppose this request for relief from the service deadline;

NOW, THEREFORE, Plaintiff, by and through his counsel, hereby requests that he be given an additional 90 days from the current deadline of February 8, 2016 to May 9, 2016 within which to complete service of the complaint on Zarpad (or take other appropriate action) in order to exhaust such efforts.

ORDER

Upon request of Plaintiff and good cause appearing.

IT IS HEREBY ORDERED that the time within which Plaintiff must serve the Complaint on Defendant Zarpad, LLC, is hereby extended from February 8, 2016 to May 9, 2016.

IT IS SO ORDERED.