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).

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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

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