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J&J Sports Productions, Inc., . v. Jose Vidales

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


April 7, 2011

J&J SPORTS PRODUCTIONS, INC., . PLAINTIFF,
v.
JOSE VIDALES, D/B/A TAQUERIA EL GALLO,
DEFENDANT.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

United States District Court For the Northern District of California

ORDER EXTENDING TIME TO SERVE SUMMONS AND COMPLAINT (re: dkt. #10)

Plaintiff filed an ex parte application for an order extending time for an additional 30 days to serve the Summons and Complaint upon Defendant Jose A. Vidales, individually and doing 20 business as Taqueria El Gallo ("Defendant"). See Dkt. #10. Good cause appearing, the Court GRANTS an extension of time to serve the summons and complaint on Defendant until May 3, 2011.

I. BACKGROUND

Plaintiff filed the instant action on December 6, 2010. On the same day, this Court issued 25 summons as to Defendant. Counsel for Plaintiff states that he has not yet been able to serve 26 Defendant, despite diligent efforts, but that it recently identified an alternative address that it 27 28 believes will be successful. Plaintiff therefore moves ex parte to extend the time to serve Defendant by 30 days.

II. ANALYSIS

The time for serving the summons and complaint is set forth in Federal Rule of Civil Procedure 4(m). Generally, service upon defendants must be made within 120 days after the 6 complaint is filed. Fed. R. Civ. Pro. 4(m). However, if the plaintiff shows good cause for failure 7 to serve within the 120-day period, the court is required to extend time for service. Id. Under Rule 4, a court also has discretion to extend the time for service in the absence of good cause. Lemoge v. U.S., 587 F.3d 1188, 1198 (9th Cir. 2009).

Plaintiff's process server had made ten different attempts to serve Defendant, but has been unable to perfect service at the particular address. See Exh. 1 to Pl.'s Ex Parte Motion. Despite United States District Court For the Northern District of California these efforts and difficulty serving Defendant, Plaintiff now contends that it has identified an 13 address it believes will be successful in perfecting service. Under these circumstances, Plaintiff 14 has established good cause to extend the time for service. As there is a Case Management Conference set in this case for May 11, 2011, the Court will grant an extension until May 3, 2011.

III. CONCLUSION

For the foregoing reasons, Plaintiff's motion to extend time for serving the summons and complaint is GRANTED. Plaintiff may serve Defendant with the summons and complaint, and file 19 proof of service with the Court, no later than May 3, 2011.

IT IS SO ORDERED.

20110407

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