Nolan v. Ananda Seva Mission, Inc.

Filing 15

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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MEGAN NOLAN,
Plaintiff,

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Case No. 16-cv-00479-EDL

v.
ANANDA SEVA MISSION, INC.,
Defendant.

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

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Mission, Inc. on January 27, 2016. Dkt. No. 1. A summons was issued on February 3 and

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returned unexecuted on March 17 because Defendant’s former attorney, to whom the summons

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was directed, apparently withdrew. Dkt. Nos. 5, 10. A new summons was issued on March 18.

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Dkt. No. 12. On March 28, this Court received a letter from Defendant requesting an extension of

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time to return the Waiver of Summons of Service while it attempts to engage new counsel. Dkt.

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No. 14. Based on the date included on the waiver form attached to Defendant’s request, it appears

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that Defendant’s request is based on the first summons sent on February 16 and is moot in light of

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the more recent summons issued on March 18. Pursuant to Federal Rule of Civil Procedure 4(d),

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Defendant has 30 days after the operative summons was or is sent to return the waiver, and 60

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days after it was sent to answer or otherwise respond. If Defendant needs additional time beyond

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that to respond, it should endeavor to obtain a stipulation from Plaintiff. Pursuant to Local Rule 6-

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1(a), the parties may stipulate in writing, without a Court order, to extend the time in which to

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answer or otherwise respond to the complaint.

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IT IS SO ORDERED.
Dated: March 29, 2016

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ELIZABETH D. LAPORTE
United States Magistrate Judge