Nolan v. Ananda Seva Mission, Inc.
ORDER REGARDING REQUEST FOR EXTENSION OF TIME TO RETURN WAIVER OF SERVICE OF SUMMONS: Re 14 Request filed by Ananda Seva Mission, Inc. Signed by Magistrate Judge Elizabeth D. Laporte on 3/29/2016. (Attachments: # 1 Certificate/Proof of Service)(lsS, COURT STAFF) (Filed on 3/29/2016)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No. 16-cv-00479-EDL
ANANDA SEVA MISSION, INC.,
ORDER REGARDING REQUEST FOR
EXTENSION OF TIME TO RETURN
WAIVER OF SERVICE OF SUMMONS
Re: Dkt. No. 14
Plaintiff Megan Nolan filed this complaint for copyright infringement against Ananda Seva
United States District Court
Northern District of California
Mission, Inc. on January 27, 2016. Dkt. No. 1. A summons was issued on February 3 and
returned unexecuted on March 17 because Defendant’s former attorney, to whom the summons
was directed, apparently withdrew. Dkt. Nos. 5, 10. A new summons was issued on March 18.
Dkt. No. 12. On March 28, this Court received a letter from Defendant requesting an extension of
time to return the Waiver of Summons of Service while it attempts to engage new counsel. Dkt.
No. 14. Based on the date included on the waiver form attached to Defendant’s request, it appears
that Defendant’s request is based on the first summons sent on February 16 and is moot in light of
the more recent summons issued on March 18. Pursuant to Federal Rule of Civil Procedure 4(d),
Defendant has 30 days after the operative summons was or is sent to return the waiver, and 60
days after it was sent to answer or otherwise respond. If Defendant needs additional time beyond
that to respond, it should endeavor to obtain a stipulation from Plaintiff. Pursuant to Local Rule 6-
1(a), the parties may stipulate in writing, without a Court order, to extend the time in which to
answer or otherwise respond to the complaint.
IT IS SO ORDERED.
Dated: March 29, 2016
ELIZABETH D. LAPORTE
United States Magistrate Judge
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