Integon Preferred Insurance v. Camacho, et al.

Filing 35

ORDER EXTENDING DATE FOR Service of Complaint by 45 days and Continuing Scheduling Conference currently set for 3/21/2017 to 6/13/2017 at 03:00 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone, signed by Magistrate Judge Stanley A. Boone on 3/10/2017. (Kusamura, W)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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INTEGON PREFERRED INSURANCE
COMPANY,

Case No. 1:16-cv-01496-AWI-SAB
ORDER EXTENDING DATE FOR
SERVICE OF COMPLAINT BY FORTYFIVE DAYS AND CONTINUING
SCHEDULING CONFERENCE TO JUNE
13, 2017

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Plaintiff,
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v.
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ISABELLA ALVAREZ CAMACHO, et al.,

(ECF No. 33)

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Defendants.
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This action was filed on October 5, 2016. On March 8, 2017, an order issued requiring

19 Plaintiff to file a status report addressing service on the defendants in this action due to the
20 scheduling conference currently scheduled for March 21, 2017. Plaintiff filed a reply on March
21 9, 2017, stating that they are still attempting to locate several of the defendants in this action.
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The Federal Rules of Civil Procedure provide that “[i]f a defendant is not served within

23 90 days after the complaint is filed, the court--on motion or on its own after notice to the
24 plaintiff--must dismiss the action without prejudice against that defendant or order that service
25 be made within a specified time. But if the plaintiff shows good cause for the failure, the court
26 must extend the time for service for an appropriate period.” Fed. R. Civ. P. 4(m).
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The Court finds good cause exists to extend time for Plaintiff to serve the remaining

28 plaintiffs by an additional forty-five (45) days. However, the Court notes that Plaintiff has now

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1 had over 150 days to locate and serve the defendants in this action. The Court will not grant any
2 further extension of time to serve the defendants absent a showing of good cause. To establish
3 good cause, Plaintiff will be required to show a strong probability that continuance of the time to
4 serve would result in locating any unserved defendant.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

The time for Plaintiff to comply with Rule 4(m) is extended and service shall be

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completed on the remaining defendants within forty-five (45) days of the date

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entry of this order;
2.

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The scheduling conference on March 21, 2017, at 10:45 a.m. in Courtroom 9 is
CONTINUED to June 13, 2017, at 3:00 p.m. in Courtroom 9; and

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3.

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The parties shall file a joint scheduling report one week prior to the June 13, 2017
date.

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IT IS SO ORDERED.

15 Dated:

March 10, 2017
UNITED STATES MAGISTRATE JUDGE

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