Macomb Interceptor Drain Drainage District v. Kilpatrick et al

Filing 242

ORDER granting 239 Motion to Extend the Service Deadline and Receive New Summons for defendant Derrick A. Miller. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MACOMB INTERCEPTOR DRAIN DRAINAGE
DISTRICT,
Plaintiff,
and
CITY OF DETROIT and DETROIT WATER
AND SEWERAGE DEPARTMENT,
Plaintiff-Intervenors,
v.

Case No. 11-13101

KWAME KILPATRICK, et al.,
Defendants.
/
ORDER GRANTING INTERVENING PLAINTIFF’S MOTION TO EXTEND THE
SERVICE DEADLINE AND RECEIVE A NEW SUMMONS
Intervening Plaintiff, City of Detroit, moves to extend the service deadline and to
receive a new summons for Defendant Derrick A. Miller. Intervening Plaintiff hired a
professional process server, which served the other defendants but, after a diligent
effort, failed to serve Miller. Further, Intervening Plaintiff claims that an attorney
representing Miller in another matter declined to accept service for him. In accord with
Federal Rule of Civil Procedure 4(m), Intervening Plaintiff establishes good cause for
the relief requested. Accordingly,
IT IS ORDERED that Intervening Plaintiff’s motion [Dkt. # 239] to extend the

service deadline and to receive a new summons is GRANTED. The deadline to serve
Miller advances to January 14, 2013, and a new summons shall issue.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: September 29, 2012

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, September 29, 2012, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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