Filed: Apr. 11, 2019
Latest Update: Apr. 11, 2019
Summary: ORDER JAMES A. TEILBORG , Senior District Judge . This Court previously ordered: " IT IS ORDERED confirming that all Defendants not yet served must by served by March 25, 2019, and Plaintiff should not anticipate any extensions of this deadline. 1 " (Doc. 78 (footnote in original)). In that same order, at Plaintiff's request, the Court ordered that Defendant John Cosenza would be served by the U.S. Marshals. ( Id. ). As of March 25, 2019, Plaintiff has not served: John Cosenza, Slacker In
Summary: ORDER JAMES A. TEILBORG , Senior District Judge . This Court previously ordered: " IT IS ORDERED confirming that all Defendants not yet served must by served by March 25, 2019, and Plaintiff should not anticipate any extensions of this deadline. 1 " (Doc. 78 (footnote in original)). In that same order, at Plaintiff's request, the Court ordered that Defendant John Cosenza would be served by the U.S. Marshals. ( Id. ). As of March 25, 2019, Plaintiff has not served: John Cosenza, Slacker Inc..
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ORDER
JAMES A. TEILBORG, Senior District Judge.
This Court previously ordered: "IT IS ORDERED confirming that all Defendants not yet served must by served by March 25, 2019, and Plaintiff should not anticipate any extensions of this deadline.1" (Doc. 78 (footnote in original)). In that same order, at Plaintiff's request, the Court ordered that Defendant John Cosenza would be served by the U.S. Marshals. (Id.).
As of March 25, 2019, Plaintiff has not served: John Cosenza, Slacker Inc., Brilliant Digital Entertainment Inc., Heartland Music.com, and Import CDs, Inc. Plaintiff noted in her April 5, 2019 filing2 (Doc. 112 at 5), "As for Judge Teilborg's intent to "dismiss" "without prejudice" Slacker, Inc., Brilliant Digital Entertainment Inc., Heartland Music.com and Import CD, Inc., Plaintiff did not object because her attempts to serve these Co-Defendants by March 25, 2019 were unsuccessful." Thus, the Court will dismiss these Defendants, without prejudice. As for Defendant John Cosenza, the Court will take no action at this time because Plaintiff returned a service packet for this Defendant for the U.S. Marshal to serve on March 14, 2019, and the Court has not yet learned the result of the Marshal's attempt(s).
Thus,
IT IS ORDERED dismissing Defendants Slacker Inc., Brilliant Digital Entertainment Inc., Heartland Music.com, and Import CDs, Inc., without prejudice for failure to serve within the time limits of Federal Rule of Civil Procedure 4(m), as extended.
IT IS FURTHER ORDERED that Plaintiff's motion for extension of time (Doc. 115) is granted such that Plaintiff shall respond to the motions to dismiss filed by Defendants MySpace Music, LLC (Doc. 101) and Pandora Media Inc. (Doc. 102) by April 29, 2019.
