Acosta v. Gomez et al

Filing 24

ORDER RE SECOND EX PARTE APPLICATION FOR RELIEF FROM SERVICE DEADLINE. IT IS HEREBY ORDERED that the time within which Plaintiff must serve the First Amended Complaint on Defendant Enrique Sosa, is hereby extended from October 20, 2017 to December 4, 2017. Signed by Magistrate Judge Stanley A. Boone on 10/20/2017. (Hernandez, M)

Download PDF
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 PLAINTIFF’S SECOND EX PARTE APPLICATION FOR RELIEF FROM SERVICE DEADLINE; ORDER April 7, 2017 (Dkt. 1); WHEREAS, the First Amended Complaint in this matter, in which Defendant Enrique 20 21 Case No. 1:17-cv-00493-AWI-SAB WHEREAS, Plaintiff, Jose Acosta (“Plaintiff”), filed the Complaint in this matter on 18 19 ) ) ) ) ) ) ) ) ) ) ) ) ) Sosa (“Sosa”) was first named, was filed on June 6, 2017 (Dkt. 8); 22 WHEREAS, Rule 4(m) of the Federal Rules of Civil Procedure provides that all 23 defendants are to be served 90 days from the date the complaint was filed, here September 5, 24 2017; 25 WHEREAS, Sosa is the only remaining defendant to be served in this action; 26 WHEREAS, the Court has previously extended the time within which Plaintiff must 27 serve the First Amended Complaint on Sosa or take other appropriate action until October 20, 28 2017 (Dkt. 22); 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; WHEREAS, Plaintiff has tried to resolve this matter with the Gomez’ Defendants 5 6 counsel without success; WHEREAS, Plaintiff believes that a full resolution of Plaintiff’s claims will be 7 8 impossible without the participation of Sosa; 9 WHEREAS, this request is made ex parte because the service deadline expires October 10 20, 2017. Plaintiff had hoped that this application would not be necessary, and that the ongoing 11 efforts at service and/or settlement would be productive. However, it has now been determined 12 that Plaintiff will need to request service by publication; 13 14 WHEREAS, Plaintiff will be filing a motion for service by publication and will require additional time to bring the motion and effect service by publication. 15 NOW, THEREFORE, Plaintiff, by and through his counsel, hereby requests that he be 16 given an additional 45 days from the current deadline of October 20, 2017 to December 4, 2017 17 within which to complete service of the complaint on Sosa by publication. 18 19 Dated: MISSION LAW FIRM, A.P.C. 20 /s/ Zachary M. Best Zachary M. Best Attorney for Plaintiff, Jose Acosta 21 22 23 24 25 26 27 28 Page 2 1 ORDER 2 Upon request of Plaintiff and good cause appearing. 3 4 IT IS HEREBY ORDERED that the time within which Plaintiff must serve the First 5 Amended Complaint on Defendant Enrique Sosa, is hereby extended from October 20, 2017 to 6 December 4, 2017. 7 8 9 10 IT IS SO ORDERED. Dated: October 20, 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?