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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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 MEGAN NOLAN, Plaintiff, 6 7 8 9 10 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 11 Mission, Inc. on January 27, 2016. Dkt. No. 1. A summons was issued on February 3 and 12 returned unexecuted on March 17 because Defendant’s former attorney, to whom the summons 13 was directed, apparently withdrew. Dkt. Nos. 5, 10. A new summons was issued on March 18. 14 Dkt. No. 12. On March 28, this Court received a letter from Defendant requesting an extension of 15 time to return the Waiver of Summons of Service while it attempts to engage new counsel. Dkt. 16 No. 14. Based on the date included on the waiver form attached to Defendant’s request, it appears 17 that Defendant’s request is based on the first summons sent on February 16 and is moot in light of 18 the more recent summons issued on March 18. Pursuant to Federal Rule of Civil Procedure 4(d), 19 Defendant has 30 days after the operative summons was or is sent to return the waiver, and 60 20 days after it was sent to answer or otherwise respond. If Defendant needs additional time beyond 21 that to respond, it should endeavor to obtain a stipulation from Plaintiff. Pursuant to Local Rule 6- 22 1(a), the parties may stipulate in writing, without a Court order, to extend the time in which to 23 answer or otherwise respond to the complaint. 24 25 26 IT IS SO ORDERED. Dated: March 29, 2016 27 28 ELIZABETH D. LAPORTE United States Magistrate Judge

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