Kan v. Verdera Community Association et al

Filing 22

ORDER signed by Chief District Judge Kimberly J. Mueller on 11/21/2022 EXTENDING the deadline for completing service under Rule 4(m) by 14 days. No further extensions will be granted. Kan may then amend his complaint within 21 days after serving it, as Rule 15(a)(1)(A) expressly permits. Status (Pretrial Scheduling) Conference set for 2/9/2023 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller with a joint status report due 14 days prior. (Coll, A)

Case 2:22-cv-00348-KJM-JDP Document 22 Filed 11/21/22 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Johnny Kan,

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No. 2:22-cv-00348-KJM-JDP
Plaintiff,

ORDER

v.
Verdera Community Association, et al.,
Defendants.

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The court previously ordered plaintiff Johnny Kan to show cause why this action should

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not be dismissed for lack of prosecution. ECF No. 17. The court discharges that order to show

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cause after reviewing counsel’s declaration in response. See generally Appelbaum Decl., ECF

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No. 18. In the same declaration, counsel requests an extension of time to complete service and to

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seek leave to amend his complaint. See Appelbaum Decl. ¶ 5.

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Under Federal Rule of Civil Procedure 4, the court must dismiss an action without

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prejudice if a defendant has not been served within 90 days after a complaint is filed. Fed. R.

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Civ. P. 4(m). The court must also, however, “extend the time for service for an appropriate

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period,” but only if the plaintiff shows “good cause.” Fed. R. Civ. P. 4(m). The Ninth Circuit has

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also held that a district court has discretion “to extend the time for service” even absent a showing

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of good cause. In re Sheehan, 253 F.3d 507, 513 (9th Cir. 2001).

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Case 2:22-cv-00348-KJM-JDP Document 22 Filed 11/21/22 Page 2 of 2
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Kan has not shown good cause to extend the deadline for completing service under

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Rule 4(m), but the court exercises its discretion to extend that deadline fourteen days. No

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further extensions will be granted. Kan may then amend his complaint within 21 days after

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serving it, as Rule 15(a)(1)(A) expressly permits.

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A status (pretrial scheduling) conference is set for February 9, 2023 at 2:30 p.m. before
the undersigned, with a joint status report due 14 days prior.

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IT IS SO ORDERED.

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DATED: November 21, 2022.

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