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WEBPASS INC. v. BANTH, C14-02291 HRL. (2014)

Court: District Court, N.D. California Number: infdco20141027693 Visitors: 14
Filed: Oct. 21, 2014
Latest Update: Oct. 21, 2014
Summary: ORDER CONTINUING HEARING ON MOTION FOR ORDER AUTHORIZING SERVICE OF SUMMONS AND COMPLAINT BY PUBLICATION TO DECEMBER 16, 2014 ORDER GRANTING EXTENSION OF TIME IN WHICH TO COMPLETE SERVICE ORDER CONTINUING CASE MANAGEMENT CONFERENCE TO FEBRUARY 24, 2015 HOWARD R. LLOYD, Magistrate Judge. A hearing on Plaintiff's motion for an order authorizing service of summons and complaint by publication, Dkt. No. 10, was held on October 21, 2014. For the reasons stated at the hearing, the hearing is continu
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ORDER CONTINUING HEARING ON MOTION FOR ORDER AUTHORIZING SERVICE OF SUMMONS AND COMPLAINT BY PUBLICATION TO DECEMBER 16, 2014 ORDER GRANTING EXTENSION OF TIME IN WHICH TO COMPLETE SERVICE ORDER CONTINUING CASE MANAGEMENT CONFERENCE TO FEBRUARY 24, 2015

HOWARD R. LLOYD, Magistrate Judge.

A hearing on Plaintiff's motion for an order authorizing service of summons and complaint by publication, Dkt. No. 10, was held on October 21, 2014. For the reasons stated at the hearing, the hearing is continued to December 16, 2014, at 10:00 a.m. Plaintiff may file an application for limited early discovery to determine Defendants' locations.

Plaintiff requests an extension of time in which to complete service. Federal Rule of Civil Procedure 4(m) requires a plaintiff to serve a defendant within 120 days after filing the complaint. If a plaintiff shows good cause for the failure to serve, however, the Court must extend the time for service. Fed. R. Civ. P. 4(m). Good cause exists where the plaintiff has attempted to serve a defendant, was confused about the requirements for service of process, or was prevented from serving a defendant because of events outside of its control. See Wei v. State of Hawaii, 763 F.2d 370, 372 (9th Cir.1985). Good cause exists here, as Plaintiff has made several attempts to serve Defendants. Plaintiff is granted until January 20, 2015 to complete service of process on Defendants.

The case management conference, currently set for December 23, 2014, is continued to February 24, 2015, at 1:30 p.m.

IT IS SO ORDERED.

Source:  Leagle

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