Tilei v. California Department of Corrections and Rehabilitation

Filing 49

ORDER Granting Request for Extension of Time to Serve Defendant Sanchez re 48 Notice filed by Punaofo Tsugito Tilei. Signed by Judge Phyllis J. Hamilton on 03/01/2017. (pjhlc2S, COURT STAFF) (Filed on 3/1/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PUNAOFO TSUGITO TILEI,

Case No. 12-cv-01688-PJH

Plaintiff,
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v.
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CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

ORDER GRANTING REQUEST FOR
EXTENSION OF TIME TO SERVE
DEFENDANT SANCHEZ
Re: Dkt. No. 48

Defendants.
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United States District Court
Northern District of California

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Before the court is plaintiff’s “Request for Extension in Deadline to Serve
Defendant Sanchez.” Dkt. 48. Per the court’s prior order, service on all defendants was
due by February 28, 2017. Dkt. 36. However, plaintiff’s counsel informs the court that
although plaintiff was able to serve “six of the seven named defendants,” he “has not yet
been able to identify defendant Correctional Officer Sanchez.” Dkt. 48. Plaintiff requests
“an extension in the deadline to serve Officer Sanchez,” and proposes to serve targeted
discovery to facilitate the identification of Officer Sanchez at “the earliest possible
opportunity.” Id.

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Good cause appearing, the court hereby GRANTS the request for additional time
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to serve defendant Sanchez. The court will not, however, approve an open-ended
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request. If Sanchez is not served within 60 days, he will be dismissed for failure to serve
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without prejudice. Plaintiff may seek to re-name him as a defendant by motion or
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stipulation should his full identity and location be discovered at a later time.
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IT IS SO ORDERED.
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Dated: March 1, 2017
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__________________________________
PHYLLIS J. HAMILTON
United States District Judge