Moore
Moore v. Duran
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MERRICK MOORE, Case No. 3:23-CV-00194-GPC-DDL
Plaintiff,
ORDER GRANTING MOTION FOR
v. EXTENDING TIME FOR SERVICE
J.J. DURAN et al., [ECF No. 87] Defendants. 16 Before the Court is Plaintiff’s unopposed motion to extend time for service on Defendant D. Manquero. ECF No. 87. Under Federal Rule of Civil Procedure 4(m), if a defendant is not served within 90 days after the complaint is filed, the court must dismiss the action without prejudice or order that service be made within a specified time. Fed R. Civ. P. 4(m). But if the plaintiff shows good cause for the failure, the court must extend the time for service. Id. If good cause is not established, the district court may extend time for service upon a showing of excusable neglect. Lemoge v. United States, 587 F.3d 1188, 1198 (9th Cir. 2009). This is an exercise of “broad” discretion. In re Sheehan, 253 F.3d 507, 513 (9th Cir.…