ME2 Productions Inc v. Doe 1 et al

Filing 31

ORDER reinstating claims against Raul Gonzales; re Plaintiff's 29 Motion to Set Aside Dismissal, signed 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 Plaintiff, Case No. C17–0465RSL v. 10 PAUL REARDON, et al., 11 ORDER REINSTATING CLAIMS AGAINST RAUL GONZALES Defendants. 12 13 This matter comes before the Court on plaintiff’s “Motion to Set Aside Dismissal 14 or, in the Alternative, Leave to Amend the Complaint.” Dkt. # 29. On June 28, 2017, the 15 Court granted an extension of time in which to affect service in this matter. Plaintiff was 16 given until July 5, 2017, to file proofs of service as to defendants Dukureh, Lysaker, 17 Gonzales, and Torres or a second motion detailing the efforts made toward effecting 18 personal service and establishing good cause for a further extension of time.” Dkt. # 21 at 19 3. Plaintiff was warned that “[f]ailure to timely file or to make the required showing will 20 result in dismissal of the claims against any unserved defendants.” Dkt. # 21 at 3-4. 21 Plaintiff failed to timely file proof of service or a second motion as to defendant Raul 22 Gonzales, and the claims against him were dismissed on July 7, 2017. Dkt. # 27. 23 Plaintiff has now filed proof that service was in fact achieved within the time 24 allowed. The failure to comply with the Court’s order requiring filing by a certain date is 25 nevertheless troubling. Inadvertence or mistake does not constitute good cause. 26 ORDER REINSTATING CLAIMS AGAINST RAUL GONZALES 1 Nevertheless, the Court will reinstate the claims against Raul Gonzales with the warning 2 that future failures to comply with service requirements and orders of the Court will not 3 be excused absent good cause. 4 5 Dated this 14th day of July, 2017. 6 A 7 Robert S. Lasnik United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER REINSTATING CLAIMS AGAINST RAUL GONZALES

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