GF&C Holding Company, LLC v. Hartford Casualty Insurance Company et al

Filing 6

ORDER granting 4 Motion to Extend Time to Serve Defendants. Plaintiff shall have until 10/28/2011 to serve Defendants. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

GF&C HOLDING COMPANY,
Case No. 1:11-cv-00236-BLW
Plaintiff,
ORDER
v.
HARTFORD CASUALTY
INSURANCE COMPANY, INC., A
CONNECTICUT CORPORATION;
HARTFORD STEAM BOILER
INSPECTION & INSURANCE
COMPANY, A CONNECTICUT
CORPORATION; AND DOES 1-20,
INCLUSIVE,
Defendants.

The Court has before it Plaintiff’s Motion to Extend Time to Serve Defendants
(Dkt. 4). District courts have broad discretion to extend time for service under Rule 4(m).
Efaw v. Williams, 473 F.3d 1038, 1040 (9th Cir. 2007). Although a district court’s
discretion is not limitless, Rule 4(m) “permits the district court to grant an extension even
in the absence of good cause.” Id. (emphasis in original). Courts may consider factors
such as statute of limitations, actual notice, prejudice to the defendant and eventual
service. Id.
Here, Plaintiff asks for only a 14-day extension. Moreover, Plaintiff explains that

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Defendant has known about the case because of a related case. Therefore, the Court finds
that a 14-continuance will not prejudice Defendants. Accordingly, the Court will grant
the motion.
ORDER
IT IS ORDERED:
1.

Plaintiff’s Motion to Extend Time to Serve Defendants (Dkt. 4) is
GRANTED. Plaintiff shall have until October 28, 2011 to serve
Defendants.

DATED: October 13, 2011

B. LYNN WINMILL
Chief U.S. District Court Judge

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