Serge Lapointe v. County of Los Angeles

MEMORANDUM

Serge LaPointe appeals the district court’s dismissal of defendants Son Bui and Michael Merchain on the basis of Federal Rule of Civil Procedure 4(m), and the district court’s grant of summary judgment for the County of Los Angeles on his Monell claim. We affirm in part, reverse in part and remand.

1. The district court abused its discretion in dismissing Bui and Merchain as defendants. Whether measured by Rule 4(m) or Rule 16, LaPointe established good cause for amending his complaint and serving Bui and Merchain in September 2011. See Fed.R.Civ.P. 4(m) (“[I]f the plaintiff shows good cause for the failure [to service a defendant within 120 days after the complaint is filed], the court must extend the time for service for an appropriate period.”); Coleman v. Quaker Oats Co., 232 F.3d 1271, 1294 (9th Cir.2000) (noting that a plaintiff must show “good cause” to amend a complaint after the deadline set forth in a scheduling order has expired). During discovery, LaPointe vigorously sought the identities of the officers with whom he came into contact, and he exercised diligence in seeking amendment and serving those defendants once the County provided sufficient…