Teresa McClendon v. ALS et al
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).
United States District Court
Central District of California
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 
Plaintiff Teresa McClendon, who is appearing pro se, requests an extension of
time in which to serve Defendant Park Homes and the Lofts Community Association.
(ECF No. 20 (“Req.”).) Since the date of that filing, more than 60 days have passed
without service being effected on Park Homes. Federal Rule of Civil Procedure
(“FRCP”) 4(m) provides that a defendant must be served within 90 days after the
Complaint is filed. As to Defendant ALS, Plaintiff complied with this Rule by
effecting service of process on March 24, 2016. (See ECF Nos. 10, 11.) In order to
comply with FRCP 4(m), Defendant Park Homes should have been served no later
than July 9, 2016, but service of process has not been completed.
On May 2, 2016, Plaintiff requested that this Court issue an order allowing her
to serve Defendant Park Homes by publication. (Req. for Order to Serve Def. by
Publication, ECF No. 14.) The Court denied this request, concluding that Plaintiff had
not shown “reasonable diligence” in using other methods to effect service of process
upon Park Homes.
Publication, ECF No. 17).
requesting an extension for serving Park Homes, Plaintiff has not provided any
evidence that she has taken any additional efforts to locate Park Homes, or that all
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
For the reasons discussed above, the Court DENIES Plaintiff’s Request for an
extension to serve Defendant Park Homes and the Lofts Community Association.
(ECF No. 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.
IT IS SO ORDERED.
September 16, 2016
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE
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