ME2 Productions Inc v. Doe 1 et al

Filing 13

ORDER granting plaintiff's 11 Motion for Extension of Time by Judge Robert S. Lasnik.(RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ME2 PRODUCTIONS, INC.,

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Plaintiff,

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Case No. C17-0100RSL1

v.
JONATHAN GARCIA, et al.,

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ORDER GRANTING MOTION FOR
EXTENSION OF TIME

Defendants.

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This matter comes before the Court on plaintiff’s motion for an extension of time

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in which to serve the complaint. Dkt. # 11. A party generally has 90 days after a

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complaint is filed in which to serve the defendant. Fed. R. Civ. P. 4(m). It can be

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challenging to meet this deadline in BitTorrent cases where plaintiff must first conduct

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discovery from the ISP before it can identify and serve the defendant. It can be done,

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however, and the Court expects a good faith effort to comply with the service deadline.

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Plaintiff has made such an effort here. Although leave to conduct expedited discovery

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was granted in a timely manner, the ISP’s response was delayed. Plaintiff appropriately

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limited its efforts to pursue an out-of-court settlement of the case, then utilized the waiver

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of service procedure set forth in Fed. R. Civ. P. 4(d). The waivers are due within days of

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the original service deadline, and plaintiff seeks a limited extension in which to

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The caption on the motion is incorrect. In light of the procedural posture of this case
and slight variations between this motion and the one filed in C17-0099RSL, the Court assumes
that plaintiff does, in fact, want an extension of time in C17-0100RSL.
ORDER GRANTING MOTION
FOR EXTENSION OF TIME - 1

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accomplish personal service if necessary.

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The motion for an extension of time is GRANTED. Plaintiff shall have an

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additional thirty days, until May 24, 2017, to file proofs of waiver as to all defendants or a

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second motion for extension of time detailing the efforts made to accomplish service.

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Dated this 18th day of April, 2017.

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A

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Robert S. Lasnik
United States District Judge

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ORDER GRANTING MOTION
FOR EXTENSION OF TIME - 2