American Indoor Football Association, Inc. v. Lockwood et al

Filing 10

ORDERED to file a memorandum, on or before April 28, 2010, that explains the above-described delay in filing the motion for extension as further set out. Signed by Honorable Myron H. Thompson on 4/21/2010. (cb, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION AMERICAN INDOOR FOOTBALL ASSOCIATION, INC., ) ) ) Plaintiff, ) ) v. ) ) KELLY LOCKWOOD, ) individually, and NJ KINGS, ) LLC, a New Jersey Limited ) Liability Company, ) ) Defendants. ) ORDER On Football November 10, 2009, Inc. plaintiff (AIFA) American the Indoor instant

CIVIL ACTION NO. 2:09cv1037-MHT (WO)

Association,

filed

lawsuit in this court. motion for extension

On April 20, 2010, AIFA filed a of time to perfect service on

defendant Kelly Lockwood.

The motion and accompanying

affidavit allege failed attempts to serve Lockwood up to and including an attempt on January 24, 2010. However,

AIFA provides no explanation for its decision to wait nearly three months after that final attempt to request an extension of time. More importantly, AIFA provides no

explanation for its decision to wait more than five months after this lawsuit was filed, and more than a month after to the 120-day-time said limit for service Finally, had and

expired,

request

extension.

relatedly, AIFA makes no attempt to explain why this court should grant a motion for extension filed after the expiration of the 120-day-time limit. Accordingly, plaintiff American Indoor Football

Association, Inc. is ORDERED to file a memorandum, on or before April 28, 2010, that explains the above-described delay in filing the motion for extension. Specifically,

the memorandum should explain why the court should grant a motion for extension filed after the expiration of the 120-day-time limit for service of process. DONE, this the 21st day April, 2010. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE