Baker v. Sikorsky Aircraft Corporation (MAG+)
MEMORANDUM OPINION AND ORDER (1) GRANTING 6 and 8 MOTIONS for Extension of deadline of time to serve complaint; (2) plaintiff Baker has until 4/23/2013 to serve his complaint. Signed by Honorable Judge Myron H. Thompson on 2/26/13. (Attachments: # 1 civil appeals checklist)(djy, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
CIVIL ACTION NO.
OPINION AND ORDER
Plaintiff Jeffery Baker seeks additional time to
serve defendant Sikorsky Aircraft Corporation with his
Baker explained that, when he drafted the
complaint, he did so with the assistance of counsel who
contracted with him solely to draft the complaint.
sought to retain counsel for the litigation and made
several unsuccessful attempts before contracting with
current counsel on February 14, 2013; he did not attempt
to serve the complaint before that time because he sought
the skill and expertise of counsel to perfect service.
The court has discretion to extend the deadline for
service even in the absence of good cause for failure to
serve a defendant within 120 days after the complaint is
Fed. R. Civ. P. 4(m); Horenkamp v. Van Winkle and
Co., Inc., 402 F.3d 1129, 1132 (11th Cir. 2005).
Based on the foregoing, it is ORDERED that:
(1) Plaintiff Jeffery Baker’s motions for extension
of deadline of time to serve complaint (doc. nos. 6
and 8) are granted.
(2) Plaintiff Baker has until April 23, 2013, to
serve his complaint.
DONE, this the 26th day of February, 2013.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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