Acosta v. Gomez et al

Filing 22

ORDER Granting 21 Ex Parte Application for Relief from Service Deadline signed by Magistrate Judge Stanley A. Boone on 08/31/2017. (Flores, E)

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1 2 3 4 5 Zachary M. Best, SBN 166035 MISSION LAW FIRM, A.P.C. 332 North Second Street San Jose, California 95112 Telephone (408) 298-2000 Facsimile (408) 298-6046 Email: service@mission.legal Attorney for Plaintiff Jose Acosta 6 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 JOSE ACOSTA, 12 Plaintiff, 13 vs. ADRIANA GABRIELA GOMEZ dba ZAMORA CARNITAS MEXICAN RESTAURANT, et al., 14 15 16 Defendants. 17 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 1:17-cv-00493-AWI-SAB PLAINTIFF’S EX PARTE APPLICATION FOR RELIEF FROM SERVICE DEADLINE; ORDER 18 WHEREAS, the complaint in this matter was filed on April 7, 2017 (Dkt. 1); 19 WHEREAS, the first amended complaint in this matter, in which Defendant Enrique 20 Sosa (“Sosa”) was named, was filed on June 6, 2017 (Dkt. 8); 21 WHEREAS, Rule 4(m) of the Federal Rules of Civil Procedure provides that all 22 defendants are to be served 90 days from the date the complaint was filed, here September 5, 23 2017; 24 WHEREAS, Plaintiff, Jose Acosta (“Plaintiff”), has served Defendants Adriana 25 Gabriela Gomez and Humberto Gomez (collectively “the Gomez Defendants”) with the 26 Summons (Dkt. 4 and 5) and the First Amended Complaint (Dkt. 9); WHEREAS, Sosa is the only remaining defendant to be served in this action; 27 28 /// Page 1 1 WHEREAS, Plaintiff has been diligently attempting to serve Sosa with the Summons 2 and First Amended Complaint but has not been able to effect service to date, and believes that 3 Sosa is evading service, as more particularly set forth in the declaration of Zachary M. Best, 4 filed herewith; 5 6 WHEREAS, Plaintiff believes that a full resolution of Plaintiff’s claims will be impossible without the participation of Sosa; 7 WHEREAS, this request is made ex parte because the service deadline expires 8 September 5, 2017. Plaintiff had hoped that this application would not be necessary, and that 9 the ongoing efforts at service would be productive. However, it has now been determined that 10 11 12 additional time will be needed to seek service via stake outs and possibly publication; WHEREAS, counsel for the Gomez Defendants has stated that he does not oppose this request for relief from the service deadline. 13 NOW, THEREFORE, Plaintiff, by and through his counsel, hereby requests that he be 14 given an additional 45 days from the current deadline of September 5, 2017 to October 20, 2017 15 within which to complete service of the complaint on Sosa (or take other appropriate action) in 16 order to exhaust such efforts. 17 18 Dated: August 31, 2017 MISSION LAW FIRM, A.P.C. 19 /s/ Zachary M. Best Zachary M. Best Attorney for Plaintiff, Jose Acosta 20 21 22 23 24 25 26 27 28 Page 2 1 2 ORDER 3 Upon request of Plaintiff and good cause appearing. 4 5 IT IS HEREBY ORDERED that the time within which Plaintiff must serve the First Amended Complaint on Defendant Enrique Sosa, is hereby extended from September 5, 2017 6 to October 20, 2017. 7 8 IT IS SO ORDERED. 9 10 Dated: August 31, 2017 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3

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