Carias v. United States of America

Filing 23

ORDER Re: Service of Process by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 2/19/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RICARDA CARIAS,

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Plaintiff,

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ORDER RE: SERVICE OF PROCESS

v.

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UNITED STATES OF AMERICA,

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Defendant.

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Plaintiff filed this action on September 21, 2015. At that time, Federal Rule of Civil

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United States District Court
Northern District of California

Case No. 15-cv-05274-EDL

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Procedure 4(m) stated that “[i]f a defendant is not served within 120 days after the complaint is

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filed, the court – on motion or on its own after notice to the plaintiff – must dismiss the action

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without prejudice against that defendant or order that service be made within a specified time. But

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if the plaintiff shows good cause for the failure, the court must extend the time for service for an

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appropriate period.”1 At a case management conference held February 16, 2016, past the 120 day

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service deadline, Defendant United States indicated that it has not been served in accordance with

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Federal Rule of Civil Procedure 4(i). Accordingly, Defendant is hereby ordered to move to

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dismiss this action pursuant to Federal Rule of Civil Procedure 12(b)(5) by March 1, 2016.

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Defendant’s motion will be without prejudice to, and will not result in a waiver of, any other

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defense provided by Rule 12(b).
IT IS SO ORDERED.

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Dated: February 19, 2016

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ELIZABETH D. LAPORTE
United States Magistrate Judge

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On December 1, 2015, the deadline to complete service was changed to 90 days after the
complaint is filed.