UN4 Productions, Inc. v. Doe 1 et al

Filing 30

ORDER denying Plaintiff's 27 Second Motion for Extension of Time. Plaintiff has not shown good cause for a second extension of time. The claims against Ms. Falngin are DISMISSED. Signed by Judge Robert S. Lasnik. (TH) (cc: Defendant Sylvia T. Falngin via U.S. Mail)

1
2
3
4
5

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

6
7

UN4 PRODUCTIONS, INC.,

8
9
10
11

Plaintiff,
Case No. C17-0786RSL
v.
DIMITRIA OMELCO, et al.,

ORDER DENYING SECOND
MOTION FOR EXTENSION OF
TIME

Defendants.

12
13

This matter comes before the Court on plaintiff’s “Motion for Additional Time to

14

Attempt Process Service.” Dkt. # 27. It can be challenging to meet the 90 day service

15

deadline in BitTorrent cases where plaintiff must first conduct discovery from the ISP

16

before it can identify, name, and serve the defendant. It can be done, however, and the

17

Court has repeatedly indicated that it expects at least a good faith effort to comply with

18

the service deadline. In this case, the Court has already granted a three week extension of

19

the service deadline to allow for personal service if defendants refused to waive.

20

Plaintiff asserts that defendant Sylvia T. Falngin “elected not to return

21

the request for waiver” of service under Fed. R. Civ. P. 4(d). Dkt. # 27 at 1. There is no

22

evidence that a waiver was sent to this defendant, however, much less that it was sent in a

23

timely manner. The only evidence of attempted service in the record shows that plaintiff

24

engaged a process server two weeks before the extended deadline for service. The process

25

server attempted service for five days, and all attempts ended on August 29, 2017, nine

26
ORDER DENYING SECOND MOTION
FOR EXTENSION OF TIME - 1

1

days before the service deadline. Plaintiff has not shown good cause for a second

2

extension of time. The claims against Ms. Falngin are DISMISSED.

3
4

Dated this 19th day of October, 2017.

5

A

6

Robert S. Lasnik
United States District Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ORDER DENYING SECOND MOTION
FOR EXTENSION OF TIME - 2