UN4 Productions, Inc. v. Doe 1 et al

Filing 26

ORDER granting plaintiff's 20 Motion for Extension of Time signed by Judge Robert S. Lasnik.(RS) Modified on 8/17/2017/cc Robert Morrison (RS).

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 UN4 PRODUCTIONS, INC., 8 Plaintiff, Case No. C17-0785RSL 9 10 v. MADISON PALMER, 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. # 20. 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. There was a slight delay in receiving the ISP’s 20 response to the subpoena. Plaintiff appropriately limited its efforts to pursue an out-of- 21 court settlement of the case, then utilized the waiver of service procedure set forth in Fed. 22 R. Civ. P. 4(d). The waivers are due within days of the original service deadline, and 23 plaintiff seeks a limited extension in which to accomplish personal service if necessary. 24 25 // 26 ORDER GRANTING MOTION FOR EXTENSION OF TIME - 1 1 The motion for an extension of time is GRANTED. Plaintiff shall have an 2 additional three weeks, until September 7, 2017, to file proofs of waiver/service as to all 3 defendants or a second motion for extension of time detailing the efforts made to 4 accomplish service. 5 6 Dated this 17th day of August, 2017. 7 A 8 Robert S. Lasnik United States District Judge 9 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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