PLAINTIFF'S REQUEST FOR ADMINISTRATIVE RELIEF FROM SERVICE DEADLINE (Local Rule 7-11); [PROPOSED]) ORDER

WILLIAM ALSUP, District Judge.

WHEREAS, on March 2, 2016, Plaintiff, Albert Dytch ("Plaintiff"), filed the instant action alleging claims under Title III of the Americans with Disabilities Act of 1990 and parallel California law (ECF No. 1). On March 3, 2016, a Scheduling Order under General Order 56 was issued (ECF No. 5) ("Scheduling Order"). The Scheduling Order required that all defendants be served with the complaint no later than May 2, 2016;

WHEREAS, on March 4, 2016, Plaintiff delivered to County Process Service, Inc. ("the process server") the Summons and Complaint for service on the registered agent for service of Defendant Lat Restaurant, Inc., dba Bissap Baobab Oakland, Marc O. Senghor ("the Agent"), at the address registered with the Office of the Secretary of State, 2319 Mission Street, in the city of San Francisco (Declaration of Tanya E. Moore, filed herewith (Moore Decl., at ¶2-3).

WHEREAS, the process server attempted service on the agent on nine separate dates and times, without success, at the address registered with the Office of the Secretary of State (Moore Decl., ¶3).

WHEREAS, based upon Plaintiff's counsel's review of public records, she determined that Lat Restaurant, Inc.'s business address is 381 15th Street, in Oakland, California (Moore Decl., ¶4).

WHEREAS, on April 15, 2016, Plaintiff requested the process server to serve the agent at the business address (Moore Decl., ¶5). On April 27, 2016, the agent was served by substituted service, by handing the documents to a person apparently in charge at the business. Attached hereto as Exhibit "A" is a true and correct copy of the Proof of Service;

WHEREAS, on April 27, 2016, the Summons and Complaint were mailed to Lat Restaurant, Inc., dba Bissap Baobab Oakland at the business address where the Summons and Complaint were served (Moore Decl, ¶5).

WHEREAS, service of the Summons and Complaint is deemed complete on the 10th day following the mailing of the documents to the party at the address in which the substitute service was effected under California Code of Civil Procedure section 415.20(b)1. Therefore, the effective date of service is May 7, 2016, which date is beyond the deadline the Court set for Plaintiff to effect service.

NOW, THEREFORE, for the reasons set forth above, Plaintiff respectfully requests that he be given to and including May 9, 2016 to procedurally effect service of his Complaint on Lat Restaurant, Inc., dba Bissap Baobab Oakland and to file the proof of service.

ORDER

Upon request of Plaintiff for administrative relief and good cause appearing, IT IS HEREBY ORDERED that the Scheduling Order in this matter filed March 2, 2016 (ECF No. 5) be amended to continue the last day by which Plaintiff must serve the Complaint on defendant Lat Restaurant, Inc., dba Bissap Baobab Oakland from May 2, 2016 to May 9, 2016.

IT IS SO ORDERED.