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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ME2 PRODUCTIONS, INC.,

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Plaintiff,
Case No. C17–0465RSL
v.

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PAUL REARDON, et al.,

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ORDER REINSTATING CLAIMS
AGAINST RAUL GONZALES

Defendants.

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

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or, in the Alternative, Leave to Amend the Complaint.” Dkt. # 29. On June 28, 2017, the

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Court granted an extension of time in which to affect service in this matter. Plaintiff was

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given until July 5, 2017, to file proofs of service as to defendants Dukureh, Lysaker,

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Gonzales, and Torres or a second motion detailing the efforts made toward effecting

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personal service and establishing good cause for a further extension of time.” Dkt. # 21 at

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3. Plaintiff was warned that “[f]ailure to timely file or to make the required showing will

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result in dismissal of the claims against any unserved defendants.” Dkt. # 21 at 3-4.

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Plaintiff failed to timely file proof of service or a second motion as to defendant Raul

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Gonzales, and the claims against him were dismissed on July 7, 2017. Dkt. # 27.

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

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

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nevertheless troubling. Inadvertence or mistake does not constitute good cause.

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ORDER REINSTATING CLAIMS AGAINST
RAUL GONZALES

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Nevertheless, the Court will reinstate the claims against Raul Gonzales with the warning

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that future failures to comply with service requirements and orders of the Court will not

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be excused absent good cause.

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Dated this 14th day of July, 2017.

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A

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Robert S. Lasnik
United States District Judge

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ORDER REINSTATING CLAIMS AGAINST
RAUL GONZALES