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Ludwig v. Adult Protective Services of Sacramento County

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 22, 2010

SUSAN LUDWIG, PLAINTIFF,
v.
ADULT PROTECTIVE SERVICES OF SACRAMENTO COUNTY; VERNA MAGNUSON; UNIVERSITY OF CALIFORNIA DAVIS MEDICAL CENTER; MCKINLEY HEALTH CENTER; CITY OF SACRAMENTO POLICE DEPARTMENT; A. CROSBY; MERCY HOSPITAL; AND DOES 1-5, DEFENDANTS.

ORDER

This case is before the undersigned pursuant to Local Rule 302(c)(21). See 28 U.S.C. 636(b)(1). On June 2, 2010, because plaintiff had not filed a status report as ordered and because plaintiff had not yet shown that she had effected service of process on all of the defendants,*fn1 the undersigned continued the status conference in this action and ordered plaintiff to show cause why sanctions should not be imposed for failure to follow court orders and/or for failure to timely effect service of process under Federal Rule of Civil Procedure 4(m). Dckt. No. 6.

Then, on June 7, 2010, plaintiff filed a motion for an extension of time to September 10, 2010 to serve the remaining unserved defendants. Dckt. No. 7. On June 15, 2010, the court granted plaintiff's request and gave plaintiff until September 10, 2010 to serve the remaining unserved defendants and file a proof of such service with the court. Dckt. No. 8. The court also discharged the June 2, 2010 order to show cause and continued the status conference in this action to October 27, 2010. Id.

On September 10, 2010, plaintiff once again filed a motion for an extension of time to serve the remaining unserved defendants. Dckt. No. 9. Plaintiff states that "[d]ue to extenuating circumstances including Plaintiff's health, Plaintiff will be requesting additional time to serve pleadings and set conferences. Plaintiff will also supplement this request with additional information and dates within the next few days." Id.

Rule 4(m) provides that "[i]f service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint, the court, upon motion or on its own initiative after notice to the plaintiff, shall dismiss the action without prejudice as to that defendant or direct that service be effected within a specified time; provided that if the plaintiff shows good cause for the failure, the court shall extend the time for service for an appropriate period." Here, although plaintiff did not supplement her request, as indicated, the court finds that plaintiff has shown good cause for an extension of time, up to November 10, 2010, to serve the remaining unserved defendants. However, plaintiff is warned that no further extensions of time to serve will be granted.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's motion for an extension of time to serve, Dckt. No. 9, is granted;

2. Plaintiff shall have until November 10, 2010 to serve the remaining unserved defendants and file a proof of such service with the court;

3. The status conference currently set for October 27, 2010 is continued to January 5, 2011, at 10:00 a.m. in Courtroom No. 24;

4. By December 22, 2010, the parties shall file status reports (or a joint status report) setting forth the matters referenced in the court's February 8, 2010 order, including the status of service of process;*fn2 and

5. Failure to comply with this order may result in the imposition of sanctions, including a recommendation that this action be dismissed for lack of prosecution. See Fed. R. Civ. P. 41(b).


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