Nehemiah Kong v. Cedar Knoll LLC et al

Filing 15

Order re: Ex Parte Request for Additional Time to Serve Defendant 14 by Judge Ronald S.W. Lew. Based on the foregoing, the Court GRANTS Plaintiff's Application. The Court ORDERS that Plaintiff shall have a forty-five-day enlargement of time from the date of this Order within which to serve Defendant with the Summons and Complaint. IT IS SO ORDERED. (lom)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 NEHEMIAH KONG,

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Currently before the Court is Plaintiff Nehemiah

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Plaintiff,
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v.

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CEDAR KNOLL LLC, a
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Liability Company; DENNIS
17 G. LEVINE; and DOES, 1-10,
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Defendants.
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CV 18-01969 RSWL-AGR
Order re: Ex Parte
Request for Additional
Time to Serve Defendant
[14]

24 Kong’s (“Plaintiff”) Ex Parte Request for Additional
25 Time to Serve Defendant (“Application”) [14].

Having

26 reviewed all papers submitted pertaining to this
27 Application, the Court NOW FINDS AND RULES AS FOLLOWS:
28 the Court GRANTS Plaintiff’s Application.
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I. DISCUSSION
Since filing the Complaint on March 9, 2018,

3 Plaintiff has been unsuccessful in serving Defendant
4 Cedar Knoll LLC (“Defendant”).

Plaintiff therefore

5 seeks to extend the ninety-day deadline for service.
6 Federal Rule of Civil Procedure 4(m) requires courts to
7 extend this deadline if the plaintiff shows good cause.
8 Mann v. Am. Airlines, 324 F.3d 1088, 1090 n.2 (9th Cir.
9 2003).
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Plaintiff has continuously attempted to serve

11 Defendant through its registered agent for service of
12 process.

Decl. of Dennis Price ¶¶ 3-4, Exs. 2-3, ECF

13 Nos. 14:2-4.

Plaintiff further sent a Notice and

14 Acknowledgment to Defendant’s agent to resolve the
15 service issue.

Id. ¶ 4.

As Plaintiff has diligently

16 attempted to serve Defendant, good cause exists to
17 extend the service deadline.
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II. CONCLUSION
Based on the foregoing, the Court GRANTS

20 Plaintiff’s Application.

The Court ORDERS that

21 Plaintiff shall have a forty-five-day enlargement of
22 time from the date of this Order within which to serve
23 Defendant with the Summons and Complaint.
24 IT IS SO ORDERED.
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26 DATED: July 10, 2018

s/ RONALD S.W. LEW

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HONORABLE RONALD S.W. LEW
Senior U.S. District Judge

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