Balthrope v. Sacramento County Department of Health and Human Services et al

Filing 60

ORDER signed by Magistrate Judge John F. Moulds on 02/16/12 ORDERING that plaintiff's 40 Motion for Extension of Time is partially GRANTED; plaintiff shall serve defendants Green and Garcia-Mitchell within 60 days. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARIEL BALTHROPE,

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Plaintiff,

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No. 2:10-cv-3003-KJM-JFM (PS)

vs.
SACRAMENTO COUNTY OF
HEALTH AND HUMAN SERVICES,
et al.,
Defendants.

ORDER
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This action is proceeding on a first amended complaint filed January 18, 2011.

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Pending before the court is plaintiff’s motion for extension of time to serve defendants Rashida

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Green and Garciela Garcia-Mitchell.

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Rule 4(m) of the Federal Rules of Civil Procedure provides:
If a defendant is not served within 120 days after the complaint is filed,
the court-on motion or on its own after notice to the plaintiff-must dismiss the
action without prejudice against that defendant or order that service be made
within a specified time. But if the plaintiff shows good cause for the failure, the
court must extend the time for service for an appropriate period.

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Rule 4(m) requires a district court to grant an extension of time to serve a defendant if the

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plaintiff shows good cause for the delay in service. Efaw v. Williams, 473 F.3d 1038, 1040 (9th

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Cir. 2007); In re Sheehan, 253 F.3d 507, 512 (9th Cir. 2001).
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Here, it is undisputed that plaintiff failed to serve defendants Green and Garcia-

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Mitchell within 120 days of the filing of the amended complaint. Plaintiff asserts that despite

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attempting to serve these defendants at their last known place of employ, the employer has

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declined to accept service because Green is no longer employed with the unidentified agency and

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Garcia-Mitchell is on extended leave. Plaintiff asks for an order directing defendants to supply

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plaintiff with the necessary addresses. This request will be denied. Plaintiff is advised that she

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must seek this information from defendants through discovery. The court will, however, grant

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plaintiff an additional sixty (60) days to serve these defendants. Plaintiff's failure to do so will

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result in dismissal of the claims without prejudice against said defendants pursuant to Rule 4(m).

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for an extension

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of time (Doc. No. 40) is partially granted. Plaintiff shall serve defendants Green and Garcia-

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Mitchell within sixty (60) days from the date of this order.

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DATED: February 16, 2012.

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/014;balt3003.jo(5)

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