Philpot v. Scripps Media Inc et al

Filing 9

ORDER REGARDING STATUS OF SERVICE by Hon. Brian A Tsuchida; Status Report due by 10/27/2020. (TF)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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LARRY G PHILPOT,
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Plaintiff,
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ORDER REGARDING STATUS OF
SERVICE

v.
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CASE NO. 2:20-cv-00815-BAT

SCRIPPS MEDIA INC; LITERALLY
MEDIA LTD,
Defendant.

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On May 29, 2020, Plaintiff filed a Complaint for Copyright Infringement against Scripps

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Media, Inc. (“Scripps”) and Literally Media Ltd., d/b/a Cracked.com (“Literally Media”). Dkt. 1.

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On June 2, 2020, the Clerk issued summonses for Scripps and Literally Media. Dkt. 3. Scripps

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has appeared and is scheduled to respond to Plaintiff’s Complaint. Dkt. 9. Defendant Literally

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Media has not appeared and there is no indication that this defendant has been served.

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Pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ. P.”) 4(m), if a defendant is not

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served within 90 days after the complaint is filed, the court –on motion or on its own after notice

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to the plaintiff –must dismiss the action without prejudice against the defendant or order that

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service be made within a specified time. But, if the plaintiff shows good cause for the failure, the

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court must extend the time for service for an appropriate period.

ORDER REGARDING STATUS OF SERVICE
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Plaintiff is responsible for having the summons and complaint served within the time

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allowed by Rule 4(m) and must furnish the necessary copies (of the summons and complaint) to

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the person who makes service. Fed. R. Civ. P. 4(c)(1).

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Accordingly, it is ORDERED that Plaintiff shall provide the Court with a status report of

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its efforts to serve Literally Media by October 27, 2020. If Plaintiff requires additional time to

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complete service, it should so advise the Court, with reasons for needing additional time, and

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indicating how much additional time is required.

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DATED this 20th day of October, 2020.

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A

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BRIAN A. TSUCHIDA
Chief United States Magistrate Judge

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ORDER REGARDING STATUS OF SERVICE
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