UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
June 2, 2011
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DUC MINH DINH, DUC HUY NGUYEN, COMPLETE SERVICE INDIVIDUALLY AND D/B/A QUAN NHAN CRAWFISH A/K/A SEAFOOD RESTAURANT,
The opinion of the court was delivered by: Lucy H. Koh United States District Judge
ORDER EXTENDING TIME TO FINAL
to Federal Rule of Civil Procedure 4(m), Plaintiff had 120 days from the date of filing, or until April 14, 2011 to serve the defendants. Plaintiff filed no proof of service as of April 14, 2011. On April 20, 2011, the Court ordered the Plaintiff to show cause why the case should not be dismissed 21 for failure to prosecute. On April 21, 2011, Plaintiff submitted an application seeking an order to 22 extend time to complete service. In the application, Plaintiff stated that it had been unable to serve 23 the defendants, but that it had identified "an address that it believes will be successful." On April 22, 2011, the Court signed the Proposed Order submitted by Plaintiff, which stated that Plaintiff 25 was granted an additional 30 days to either serve defendants, move to make service by publication, 26 or voluntarily dismiss the case. This extended the time for service until May 23, 2011.
On December 15, 2010, Plaintiff filed the complaint in the above-captioned case. Pursuant
On May 31, 2011, Plaintiff submitted another application nearly identical to the first one.
In the second application, Plaintiff again seeks to extend the time to serve defendants, to move to 3 make service by publication, or to voluntarily dismiss the case by 30 days.
The Court hereby GRANTS Plaintiff 14 days from the date of this order to file a proof of service against the defendants in this matter, to move to make service by publication, or to 6 voluntarily dismiss the case. No further extensions will be granted.
IT IS SO ORDERED.
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