Webpass Inc. v. Banth et al

Filing 17

ORDER Continuing Hearing on Motion for Order Authorizing Service of Summons and Complaint by Publication to December 16, 2014, Granting Extension of Time in Which to Complete Service, and Continuing Case Management Conference to February 24, 2015. Signed by Magistrate Judge Howard R. Lloyd on 10/21/2014. (hrllc1, COURT STAFF) (Filed on 10/21/2014)

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*E-Filed: October 21, 2014*

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

NOT FOR CITATION

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United States District Court

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SAN JOSE DIVISION

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WEBPASS INC.,
Plaintiff,

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v.
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AFTAB BANTH; et al.,
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Defendants.
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No. C14-02291 HRL
ORDER CONTINUING HEARING ON
MOTION FOR ORDER
AUTHORIZING SERVICE OF
SUMMONS AND COMPLAINT BY
PUBLICATION TO DECEMBER 16,
2014
ORDER GRANTING EXTENSION OF
TIME IN WHICH TO COMPLETE
SERVICE

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____________________________________/
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ORDER CONTINUING CASE
MANAGEMENT CONFERENCE TO
FEBRUARY 24, 2015

A hearing on Plaintiff’s motion for an order authorizing service of summons and complaint

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by publication, Dkt. No. 10, was held on October 21, 2014. For the reasons stated at the hearing,

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the hearing is continued to December 16, 2014, at 10:00 a.m. Plaintiff may file an application for

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limited early discovery to determine Defendants’ locations.

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Plaintiff requests an extension of time in which to complete service. Federal Rule of Civil

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Procedure 4(m) requires a plaintiff to serve a defendant within 120 days after filing the complaint.

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If a plaintiff shows good cause for the failure to serve, however, the Court must extend the time for

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service. Fed. R. Civ. P. 4(m). Good cause exists where the plaintiff has attempted to serve a

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defendant, was confused about the requirements for service of process, or was prevented from

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serving a defendant because of events outside of its control. See Wei v. State of Hawaii, 763 F.2d

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370, 372 (9th Cir.1985). Good cause exists here, as Plaintiff has made several attempts to serve

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Defendants. Plaintiff is granted until January 20, 2015 to complete service of process on

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Defendants.

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The case management conference, currently set for December 23, 2014, is continued to

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February 24, 2015, at 1:30 p.m.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: October 21, 2014
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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C14-02291 HRL Notice will be electronically mailed to:

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Bonnie Jean Wolf

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James Edward Doroshow

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Jeffrey Stephen Kravitz

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Otto Oswald Lee

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Counsel are responsible for distributing copies of this document to co-counsel who have not
registered for e-filing under the court’s CM/ECF program.

[e-mail]
[e-mail], [e-mail]
[e-mail], [e-mail]

[e-mail], [e-mail], [e-mail]

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For the Northern District of California

United States District Court

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