ME2 Productions, Inc v. Doe 1 et al

Filing 29

ORDER REINSTATING CLAIMS against Gerald W. Boerner; re Plaintiff's 27 Motion to Set Aside Dismissal, by Judge Robert S. Lasnik. (SWT)

1
2
3
4
5

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

6
7

ME2 PRODUCTIONS, INC.,

8
9
10
11

Plaintiff,
Case No. C16-1955RSL
v.
DAVE COOPER, et al.,

ORDER REINSTATING CLAIMS
AGAINST GERALD W. BOERNER

Defendants.

12
13

This matter comes before the Court on plaintiff’s “Motion to Set Aside Dismissal.”

14

Dkt. # 27. On March 16, 2017, the Court granted an extension of time in which to affect

15

service in this matter. Plaintiff was given “an additional forty-five days, until May 5,

16

2017, to file proofs of waiver as to all defendants or a second motion for extension of

17

time detailing the efforts made toward effecting personal service.” Dkt. # 11 at 2. Plaintiff

18

failed to timely file proof of service or waiver as to defendant Gerald W. Boerner, and the

19

claims against him were dismissed on May 11, 2017.

20

Plaintiff has now filed proof that service was in fact achieved within the time

21

allowed. The failure to comply with the Court’s order requiring filing by a certain date is

22

nevertheless troubling. Inadvertence in light of the Court’s repeated indications that it will

23

strictly enforce the service deadlines does not constitute good cause. Because this is the

24

first time this particular situation has arisen (at least before the undersigned), the motion

25

to set aside is GRANTED. The claims against Gerald W. Boerner are hereby reinstated.

26
ORDER REINSTATING CLAIMS AGAINST
GERALD W. BOERNER

1

Counsel is advised, however, that future failures to comply with service requirements and

2

orders of the Court will not be excused absent good cause.

3
4

Dated this 12th day of May, 2017.

5

A

6

Robert S. Lasnik
United States District Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ORDER REINSTATING CLAIMS AGAINST
GERALD W. BOERNER