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)

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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

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