Victaulic Company v. Allied Rubber & Gasket Co., Inc. et al

Filing 11

ORDER granting 10 Motion for Third Extension of Time to Serve Under the Hague Convention. Signed by Judge Roger T. Benitez on 9/26/2018. (anh)

FILED
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SEP 2 8 2018

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CLERK, U.S. DISTRICT COURT
SOUTHERN..f11STR1Ci OF CALIPORNIA
BY
\ " f
DEPUTY

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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VICTAULIC COMP ANY, a New Jersey
Corporation,
Plaintiff,

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v.
TAIZHOU REALFLEX PIPETEC CO.,
LTD, a People's Republic of China
Corporation,

Case No.: 3:17-cv-01006-BEN-JLB
ORDER GRANTING MOTION FOR
THIRD EXTENSION OF TIME TO
SERVE UNDER THE HAGUE
CONVENTION

Defendant.

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Before the Court is PlaintiffVictaulic Company's motion for a third extension of

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time to serve Defendant Taizhou RealFlex Pipetec Co. Ltd. ("Realflex"). (Docket No.

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10.) Plaintiffs Motion seeks an additional six months to serve Defendant RealFlex. For

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the reasons set forth below, Plaintiffs Motion is GRANTED.

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Plaintiff filed its Complaint on May 16, 2017. (Docket No. 1.) It is Plaintiffs

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understanding that Defendant RealFlex is a corporation existing under the laws of China,

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with its principal place of business in Taizhou City, Zhejiang Province, People's

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Republic of China. (Mot. at 2; Comp!. if 3.) Plaintiff has since engaged "a firm

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specializing in service of process in foreign countries" to commence service pursuant to

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the Hague Convention. (Mot. at 2.) On July 13, 2017, a representative from the firm,
3: l 7-cv-01006-BEN-JLB

1 Celeste Ingalls, forwarded the summons and complaint to Central Authority for China for
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service on Defendant Rea!Flex. (Id. at 2.)
Previously, Ms. Ingalls submitted a declaration that "service through the Hague

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Convention in China is a process that can take approximately seven to twelve months."

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(Docket No. 5-2, Declaration of Celeste Ingalls~ 12.) In support of the second motion

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for extension, Ms. Ingalls provided a new declaration stating she had "recently received

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service will now be between 1 and 2 years." (Docket No. 8-2, Declaration of Celeste

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Ingalls ~ 11.) The Court granted the second motion, extending the time to serve to

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September 15, 2018, and granting leave to Plaintiff to file a later request for an extension,

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if needed.

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The extended September 15, 2018 deadline to serve passed without the Central

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Authority in China completing service on Rea!Flex. According to his motion, Plaintiff's

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counsel failed to timely file for an extension by the Court's September 15, 2018 deadline

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because of a calendaring error. Promptly after discovering the error, Plaintiff's counsel

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contacted Chambers about his intention to seek a third extension of time, which

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Therefore, Plaintiff's calendaring error and prompt action to remedy the missed deadline

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constitute excusable neglect within Rule 6(b)(l)(B).

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In support of the present motion for extension, Ms. Ingalls provided a new

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declaration stating she received "notification in January 2018 from the Ministry of Justice

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in Beijing [that] 2 years remains their standard turnaround time." (Docket No. 10-2,

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Declaration of Celeste Ingalls~ 11.) Plaintiff has shown good cause for an extension of

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time to serve, and an additional six month extension is reasonable under the

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circumstances. The time to serve is extended to March 15, 2019.

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In addition, Plaintiff is granted leave to file a further request for an extension if

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Plaintiff does not anticipate service will be completed by March 15, 2019. However, any

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further extension request shall (1) specifically identify each of the new efforts Plaintiff
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has made since September 15, 2018 to timely complete service and (2) be supported by

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documentary evidence, over and above a declaration, of Plaintiffs and/or Ms. Ingall's

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good faith efforts to serve RealFlex. For example, Plaintiff may support any future

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motion for extension with documentation of communications with the Chinese

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government reflecting Plaintiffs efforts to effect service and the Chinese Government's

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standard turnaround times.

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IT IS SO ORDERED.

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DATED:

September~, 2018
NITEZ

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