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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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 ME2 PRODUCTIONS, INC., 8 Plaintiff, 9 10 Case No. C17-0100RSL1 v. JONATHAN GARCIA, et al., 11 ORDER GRANTING MOTION FOR EXTENSION OF TIME Defendants. 12 13 This matter comes before the Court on plaintiff’s motion for an extension of time 14 in which to serve the complaint. Dkt. # 11. A party generally has 90 days after a 15 complaint is filed in which to serve the defendant. Fed. R. Civ. P. 4(m). It can be 16 challenging to meet this deadline in BitTorrent cases where plaintiff must first conduct 17 discovery from the ISP before it can identify and serve the defendant. It can be done, 18 however, and the Court expects a good faith effort to comply with the service deadline. 19 Plaintiff has made such an effort here. Although leave to conduct expedited discovery 20 was granted in a timely manner, the ISP’s response was delayed. Plaintiff appropriately 21 limited its efforts to pursue an out-of-court settlement of the case, then utilized the waiver 22 of service procedure set forth in Fed. R. Civ. P. 4(d). The waivers are due within days of 23 the original service deadline, and plaintiff seeks a limited extension in which to 24 25 26 1 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 1 accomplish personal service if necessary. 2 3 The motion for an extension of time is GRANTED. Plaintiff shall have an 4 additional thirty days, until May 24, 2017, to file proofs of waiver as to all defendants or a 5 second motion for extension of time detailing the efforts made to accomplish service. 6 7 Dated this 18th day of April, 2017. 8 A 9 Robert S. Lasnik United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER GRANTING MOTION FOR EXTENSION OF TIME - 2

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