Joe Hand Promotions, Inc. v. Koda et al
Filing
32
ORDER: Cason M. Kirby, counsel for defendants Steven Hiro Koda and Club BTS, LLC, having agreed during a telephone conference held on the record on 6/21/2016, to accept service on behalf of both defendants, it is ORDERED that plaintiff Joe Hand Promo tions, Inc., is afforded seven days from the date this order is entered to obtain an alias summons, effectuate service, and confirm to the court in a written filing that service has been perfected as further set out in the order. The pending motions by Club BTS to set aside default (doc. no. 17 ) and by Koda to dismiss Joe Hands claims against him (doc. no. 26 ) will be held in abeyance during this time. Signed by Honorable Judge Myron H. Thompson on 6/21/2016. (dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
JOE HAND PROMOTIONS, INC., )
)
Plaintiff,
)
)
v.
)
)
STEVEN HIRO KODA and CLUB )
BTS, LLC d/b/a Club BTS,
)
)
Defendants.
)
CIVIL ACTION NO.
2:14cv623-MHT
(WO)
ORDER
Cason M. Kirby, counsel for defendants Steven Hiro
Koda
and
Club
BTS,
LLC,
having
agreed
during
a
telephone conference held on the record on June 21,
2016, to accept service on behalf of both defendants,
it is ORDERED that plaintiff Joe Hand Promotions, Inc.,
is afforded seven days from the date this order is
entered to obtain an alias summons, effectuate service,
and
confirm
to
the
court
in
a
written
filing
that
service has been perfected.
This extension is an appropriate exercise of the
court’s
discretion
in
light
of
Joe
Hand’s
numerous
good-faith attempts at service and the indications in
the record that Koda is at best difficult to pin down,
and
at
worst
intentionally
evading
service. *
See
Horenkamp v. Van Winkle & Co., Inc., 402 F.3d 1129,
1132 (11th Cir. 2005) (holding that a district court
has the discretion to extend the time for service even
absent a showing of good cause under Federal Rule of
Civil Procedure 4(m)); Lepone-Dempsey v. Caroll Cnty.
Comm’rs,
476
F.3d
1277,
1282
(11th
Cir.
2007)
(requiring that a district court consider whether “any
other circumstances warrant an extension of time based
on
the
facts
of
the
case,”
such
as
“whether
the
defendant is evading service or conceals a defect in
attempted service,” before denying an extension); 5B
Wright & Miller, Federal Practice & Procedure § 1354
(3d ed.) (“[S]ervice generally will be quashed and the
action preserved in those situations in which there is
*
Mr. Kirby represented during the June 21, 2016,
telephone conference that Koda frequently travels for
long periods for work. Mr. Kirby was himself uncertain
as to exactly when Koda lived at the address at which
service was repeatedly attempted and as to Koda’s
current address.
2
a
reasonable
will
be
prospect
able
to
that
the
ultimately
the
serve
plaintiff
defendant
properly.
Furthermore, the court may use its discretion not to
dismiss the action in those cases in which it is not
clear
whether
proper
service
has
been
made;
the
simplest solution in this situation is to quash process
and allow the plaintiff another opportunity to serve
the defendant.”).
The
pending
motions
by
Club
BTS
to
set
aside
default (doc. no. 17) and by Koda to dismiss Joe Hand’s
claims
against
him
(doc.
no.
26)
will
be
held
in
abeyance during this time.
DONE, this the 21st day of June, 2016.
_ /s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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