UN4 Productions, Inc. v. Doe 1 et al

Filing 15

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

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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UN4 PRODUCTIONS, INC.,

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Plaintiff,
Case No. C17-0786RSL

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v.
DIMITRIA OMELCO, 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. There was a slight delay in receiving the ISP’s

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response to the subpoena. Plaintiff appropriately limited its efforts to pursue an out-of-

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court settlement of the case, then utilized the waiver of service procedure set forth in Fed.

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R. Civ. P. 4(d). The waivers are due within days of the original service deadline, and

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plaintiff seeks a limited extension in which to accomplish personal service if necessary.

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//

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ORDER GRANTING MOTION
FOR EXTENSION OF TIME - 1

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

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additional three weeks, until September 7, 2017, to file proofs of waiver/service as to all

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defendants or a second motion for extension of time detailing the efforts made to

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accomplish service.

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Dated this 17th day of August, 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