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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 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 12 Plaintiff, 13 v. 14 ISABELLA ALVAREZ CAMACHO, et al., (ECF No. 33) 15 Defendants. 16 17 18 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. 22 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). 27 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 1 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. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The time for Plaintiff to comply with Rule 4(m) is extended and service shall be 7 completed on the remaining defendants within forty-five (45) days of the date 8 entry of this order; 2. 9 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 10 3. 11 The parties shall file a joint scheduling report one week prior to the June 13, 2017 date. 12 13 14 IT IS SO ORDERED. 15 Dated: March 10, 2017 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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