Malibu Media, LLC v. John Does 1-31

Filing 54

MINUTE ORDER granting 51 Plaintiff's Second Motion for Extension of Time Within Which it Has to Effectuate Service on John Doe Defendant, and denying 52 the Motion to Deny Plaintiff's Second Request for an Extension of Time to Effectuat e Personal Service on Defendant John Doe #4, which is construed as a response to Plaintiff's Motion. The deadline for Plaintiff to effectuate service on John Doe Defendant is extended through and including 2/1/2013. By Magistrate Judge Michael E. Hegarty on 1/8/2013. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02069-WYD-MEH
MALIBU MEDIA, LLC,
Plaintiff,
v.
JOHN DOE 4,
Defendant.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on January 8, 2013.
Pending before the Court are Plaintiff’s Second Motion for Extension of Time Within Which
it Has to Effectuate Service on John Doe Defendant [filed January 3, 2013; docket #51] and a
Motion to Deny Plaintiff’s Second Request for an Extension of Time to Effectuate Personal Service
on Defendant John Doe #4 [filed January 3, 2013; docket #52], which the Court construes as a
response to Plaintiff’s Motion.
The Court finds that Doe #4 has inhibited Plaintiff’s ability to effectuate service within the
Rule 4(m) period by filing a motion to quash. Until Doe #4’s pending motion is resolved by Judge
Daniel, Plaintiff has no way of obtaining Doe #4’s identity, and thus, no way of effectuating proper
service. Because Plaintiff’s inability to comply with the current deadline arises from Doe #4’s
attempt to delay the disclosure of his identifying information, the Court finds good cause to grant
Plaintiff’s Motion and extend the deadline for service pursuant to Rule 4(m) through and including
February 1, 2013. To the extent Doe #4’s filing is docketed as a Motion, it is denied.
The Clerk of the Court is directed to mail a copy of this order to Doe #4 at the address
provided in docket #28.