Lopez et al v. United States Secret Service

Filing 28

ORDER granting Plaintiffs Raul Lopez, Jr, Carol J Shilling's 21 Motion to Reopen Case, by Judge Robert S. Lasnik. Plaintiffs shall have 90 days from the date of this Order to serve defendants and to file proof of service in the docket. (SWT)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 9 10 11 12 _______________________________________ ) RAUL LOPEZ, JR., et al., ) ) Plaintiffs, ) v. ) ) UNITED STATES SECRET SERVICE, ) ) Defendant. ) _______________________________________) Case No. C15-0243RSL SECOND ORDER REOPENING CASE AND EXTENDING TIME FOR SERVICE 13 14 This matter comes before the Court on plaintiffs’ “Motion for Relief from Case 15 Dismissal.” Dkt. # 21. This case has twice been dismissed for failure to timely serve defendants. 16 Plaintiff Carol Shilling maintains that an Assistant United States Attorney, Steven Gibralla, 17 agreed to accept service by mail, that she mailed him a copy of the complaint and summons, but 18 that she was acting pro se and was unaware that she had to file proof of service. She has now 19 retained counsel and seeks to correct any procedural errors that may have occurred. 20 Plaintiffs’ motion is GRANTED. Plaintiffs shall have 90 days from the date of this Order 21 to serve defendants and to file proof of service in the docket. The reopening of the case is based 22 on Ms. Shilling’s representations that defendant affirmatively waived formal service and 23 received a copy of the complaint within the limitations period. Nothing in this Order shall 24 preclude defendant from raising all available defenses, including insufficiency of service and/or 25 the statute of limitations. 26 SECOND ORDER REOPENING CASE AND EXTENDING TIME FOR SERVICE 1 DATED this 21st day of April, 2017. 2 A Robert S. Lasnik 3 4 United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SECOND ORDER REOPENING CASE AND EXTENDING TIME FOR SERVICE -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?