REQUEST TO EXTEND TIME FOR SERVICE [F.R.C.P. 4(m); L.R. 6-3]; DECLARATION OF BLAKE E. WILLIAMS IN SUPPORT THEREOF
Plaintiffs respectfully request that the Court, under Federal Rules of Civil Procedure Rule 4(m) and Northern District of California Civil Local Rule 6-3, issue an Order extending the time 20 for service of the Summons and Complaint on Defendants SIERRA EQUIPMENT RENTAL, 21 INC., a California corporation, and MEL WEIR, an individual, for approximately sixty (60) days, 22 as follows: 23
1. A Complaint was filed in this action on January 20, 2012, to compel Defendants' 24 compliance with the terms of their Collective Bargaining Agreement by submitting payment for 25 contributions they reported as due for work performed by their employees during the months of 26 September through November 2011.
2 year payment plan, with payments starting in April 2012. Because of the substantial amount of 3 debt and the length of the payment plan, Plaintiffs' Trustees rejected the request. 4
5 court documents were ultimately sent out for service on Defendants on March 20, 2012. 6
2. Defendants, through their counsel, indicated that they would like to enter into a two
3. Due to the uncertainty of recovery, the Complaint, Summons, and all applicable
4. On March 30, 2012, an attempt at service of the Complaint and Summons on
Defendants at the Glenn, California address was unsuccessful. [See Request to Extend Time for 8
Service, Docket No. 10, Exhibit A] 9
10 the Summons and Complaint. He stated that he does not have the authority to accept service on 11 behalf of his clients. 12
5. Plaintiffs then contacted Defendants' counsel to ask if he would accept service of
6. Upon research, Plaintiffs discovered an alternative address for Defendant Mel
Weir, located in Greenbrae, California. However, upon further research, Plaintiffs discovered the 14 address belongs to another business called Cash Flow Express, Inc. [See Request to Extend ...