J & J Sports Productions, Inc. v. Lopez et al

Filing 9

ORDER GRANTING Ex Parte Application (Doc. 8). (1.) Plaintiffs ex parte application for an Order Extending Time to Complete Service is GRANTED; and (2.) Pursuant to Fed. R. Civ. P. 4(m), the time for service is extended an additional sixty ( 60) days to September 26, 2016. By that date, Plaintiff shall either effectuate service, file a motion for service by publication, or file a notice of voluntary dismissal if service has not been made or service by publication has not been requested. signed by Magistrate Judge Barbara A. McAuliffe on 7/29/2016. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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J & J SPORTS PRODUCTIONS, INC.,

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Plaintiff,

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v.
MICHAEL ANTHONY LOPEZ, et al.,
Defendants.

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Case No.: 1:16-cv-00607-AWI-BAM
ORDER GRANTING EX PARTE APPLICATION
AND EXTENDING TIME FOR SERVICE
(Doc. 8)

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Before the Court is Plaintiff J & J Sports Productions, Inc.’s Ex Parte Application for an Order

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Extending Time to Complete Service.

Doc. 8.

Plaintiff filed its complaint against Defendants

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Michael Anthony Lopez, individually and d/b/a Scores Sports Café & Lounge and Score Sports Café

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and Lounge, an unknown business entity d/b/a Scores Sports Café & Lounge on April 29, 2016. Doc.

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1. After several unsuccessful attempts at service on defendants at multiple addresses, Plaintiff now

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seeks an order extending the time limit for service an additional sixty (60) days.

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Federal Rule of Civil Procedure 4(m) requires that service be made upon a defendant within 90

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days after the complaint is filed. Fed. R. Civ. P. 4(m). If service is not made within this time, “the

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court – on motion or on its own after notice to the plaintiff – must dismiss the action without prejudice

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against that defendant or order that service be made within a specified time.” Id. However, “if the

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plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate
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period.” Id. More time for service may be needed when, for example, “a defendant is difficult to

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serve.” Fed. R. Civ. P. 4(m) advisory committee’s note to 2015 amendment.

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Based on the declaration of Thomas P. Riley and the process server’s reports, the Court finds

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that Plaintiff has diligently sought to serve Defendants, but has been unsuccessful. Thus, having

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considered Plaintiff’s ex parte application, and good cause appearing therefor, IT IS HEREBY

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ORDERED:
Plaintiff’s ex parte application for an Order Extending Time to Complete Service is

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1.

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GRANTED; and

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2.

Pursuant to Fed. R. Civ. P. 4(m), the time for service is extended an additional sixty

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(60) days to September 26, 2016. By that date, Plaintiff shall either effectuate service, file a motion

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for service by publication, or file a notice of voluntary dismissal if service has not been made or

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service by publication has not been requested.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 29, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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