Teresa McClendon v. ALS et al
Filing
22
ORDER DENYING PLAINTIFFS REQUEST FOR EXTENSION OF TIME TO SERVE DEFENDANT PARK HOMES AND THE LOFTS COMMUNITY ASSOCIATION 20 . Further, since Plaintiff has failed to properly serve this Defendant, the case is DISMISSED as to Defendant Park Homes and the Lofts Community Association without prejudice. by Judge Otis D. Wright, II. (lc) Modified on 9/16/2016. (lc).
O
1
2
3
4
5
6
7
United States District Court
Central District of California
8
9
10
11
TERESA MCCLENDON,
Plaintiff,
12
13
14
15
16
17
v.
ALS aka ASSOCIATION LIEN
SERVICES, a California Corporation;
PARK HOMES AND THE LOFTS
COMMUNITY ASSOCIATION; and
DOES 1–10, inclusive,
Case № 2:16-cv-01690-ODW-PLA
ORDER DENYING PLAINTIFF’S
REQUEST FOR EXTENSION OF
TIME TO SERVE DEFENDANT
PARK HOMES AND THE LOFTS
COMMUNITY ASSOCIATION [20]
Defendants.
18
19
Plaintiff Teresa McClendon, who is appearing pro se, requests an extension of
20
time in which to serve Defendant Park Homes and the Lofts Community Association.
21
(ECF No. 20 (“Req.”).) Since the date of that filing, more than 60 days have passed
22
without service being effected on Park Homes. Federal Rule of Civil Procedure
23
(“FRCP”) 4(m) provides that a defendant must be served within 90 days after the
24
Complaint is filed. As to Defendant ALS, Plaintiff complied with this Rule by
25
effecting service of process on March 24, 2016. (See ECF Nos. 10, 11.) In order to
26
comply with FRCP 4(m), Defendant Park Homes should have been served no later
27
than July 9, 2016, but service of process has not been completed.
28
On May 2, 2016, Plaintiff requested that this Court issue an order allowing her
1
to serve Defendant Park Homes by publication. (Req. for Order to Serve Def. by
2
Publication, ECF No. 14.) The Court denied this request, concluding that Plaintiff had
3
not shown “reasonable diligence” in using other methods to effect service of process
4
upon Park Homes.
5
Publication, ECF No. 17).
6
requesting an extension for serving Park Homes, Plaintiff has not provided any
7
evidence that she has taken any additional efforts to locate Park Homes, or that all
8
possible means of effecting traditional service of process have been exhausted.
(Order Denying Pl. Req. for Order Authorizing Service by
Since that time, up to and including the time since
9
For the reasons discussed above, the Court DENIES Plaintiff’s Request for an
10
extension to serve Defendant Park Homes and the Lofts Community Association.
11
(ECF No. 20.) Further, since Plaintiff has failed to properly serve this Defendant, the
12
case is DISMISSED as to Defendant Park Homes and the Lofts Community
13
Association without prejudice.
14
15
IT IS SO ORDERED.
16
17
September 16, 2016
18
19
20
21
____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?