Saini v. Penn Mutual Life Insurance Company et al

Filing 17

ORDER signed by Judge J.P. Stadtmueller on 5/10/2017 GRANTING 16 Plaintiff's Request for Extension of Fed. R. Civ. P. 4(m) Deadline for Service. Plaintiff to provide evidence of service by 6/26/2017, which includes any time needed to substitute parties as may be required. Failure to comply will result in dismissal of those defendants from this action without prejudice; no further extensions of time will be considered. (cc: all counsel)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
BHUPINDER S. SAINI, M.D.,

v.

Plaintiff,

PENN MUTUAL LIFE INSURANCE
COMPANY, WILLIAM J. HOWARD, and
DANIEL ROONEY,

Case No. 16-CV-1724-JPS

ORDER

Defendants.
On April 25, 2017, the Court ordered Plaintiff to show good cause
for his failure to serve Defendants William J. Howard (“Howard”) and
Daniel Rooney (“Rooney”) within the time specified by Federal Rule of
Civil Procedure (“FRCP”) 4(m). (Docket #14). In a letter filed on May 8,
2017, Plaintiff states that Howard passed away prior to this lawsuit
coming before this Court. (Docket #16 at 1). Plaintiff states that he is
investigating whether Howard’s estate has assets or insurance. Id.
Plaintiff’s letter further indicates that efforts to obtain a waiver of service
from Rooney have been thus far unsuccessful. Id. at 1-2. In light of
Plaintiff’s representations in his letter, the Court finds cause to extend the
service deadline. See Fed. R. Civ. P. 4(m).
Plaintiff requests an extension of the FRCP 4(m) deadline by 45
days. Id. at 2. As the Court previously observed, the original service
deadline was March 30, 2017. (Docket #14 at 1). This would mean that a
45-day extension would move the deadline to May 15, 2017, only five days
away. In the spirit of Plaintiff’s request, the Court will instead set the new
service deadline for June 26, 2017. This includes any time needed to

substitute parties as may be required given Howard’s passing. No further
extensions of time will be considered for any reason.
Accordingly,
IT IS ORDERED that the plaintiff shall be granted until June 26,
2017, to provide evidence of service for all defendants or those defendants
shall be dismissed from this action without prejudice.
Dated at Milwaukee, Wisconsin, this 10th day of May, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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