USANA Health Sciences v. SmartShake US et al

Filing 44

MEMORANDUM DECISION AND ORDER granting 39 Motion for Extension of Time to 7/25/17 fo plaintiff to serve defendants DevPat AB and Mikael Nilsson. Signed by Judge David Nuffer on 6/2/17 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
USANA HEALTH SCIENCES, INC.,
Plaintiff,

MEMORANDUM DECISION AND
ORDER GRANTING [39] MOTION TO
EXTEND SERVICE DEADLINE

v.
Case No. 2:17-cv-00139-DN
SMARTSHAKE US, INC., a Pennsylvania
corporation; DEVPAT AB, a Swedish limited
company; and MIKAEL NILSSON, an
individual,

District Judge David Nuffer

Defendant.

Plaintiff USANA Health Sicences, Inc. moves for an additional sixty days to “effect
service on the Foreign Defendants,” DevPat AB and Mikael Nilsson. 1 Defendants oppose the
motion and argue that the Motion should be denied because USANA failed to “carry its burden
of showing ‘good cause’” as required by Federal Rule of Civil Procedure 4(m). 2 USANA replies
in support of its motion.

1

Plaintiff USANA Health Sciences, Inc.’s Motion to Formally Extend Service Deadline and Memorandum in
Support Thereof (Motion) at 2, docket no. 39, filed May 25, 2017.

2

Response to Plaintiff USANA Health Sciences, Inc.’s Motion to Formally Extend Service Deadline, docket no. 41,
filed May 30, 2017.

BACKGROUND
USANA filed the complaint on February 24, 2017. 3 Defendant SmartShake US, Inc. was
served on March 1, 2017. 4 SmartShake appeared on March 17, 2017. 5 The remaining defendants,
alleged to be located in Sweden, 6 are yet to be served or appear.
DISCUSSION
It is not necessary to get mired in the many details the parties provide regarding
translation of the complaint and other related issues. Federal Rule of Civil Procedure 4(m) does
not apply to the foreign defendants. On its face, Rule 4(m) states that it “does not apply to
service in a foreign country” of individuals or corporations. Therefore, at this time, USANA
need not comply with the requirement of establishing good cause.
ORDER
IT IS HEREBY ORDERED that Plaintiff USANA Health Sciences, Inc.’s Motion to
Formally Extend Service Deadline and Memorandum in Support Thereof 7 is GRANTED.
USANA has sixty additional days to serve foreign defendants DevPat AB and Mikael Nilsson or
until and including July 25, 2017.

Signed June 2, 2017.
BY THE COURT

________________________________________
District Judge David Nuffer
3

Complaint, docket no. 2, filed February 24, 2017.

4

Summons Returned Executed by USANA Health Sciences as to SmartShake, docket no. 8, filed March 2, 2017.

5

Notices of Appearance on Behalf of SmartShake, docket no 9 and docket no. 10, filed March 17, 2017.

6

Complaint ¶¶ 2, 4.

7

Docket no. 39, filed May 25, 2017.

2