Jason Latrell Thomas v. E. Solano

Good Law
United States District Court, Central District of CaliforniaFebruary 4, 20212:18-cv-08707California1,029 words

Opinion

Trial Court Opinion

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. CV 18-8707-CAS (JEM) Date February 4, 2021 Title Jason Latrell Thomas v. E. Solano, et al.

Present: The John E. McDermott, United States Magistrate Judge Honorable S. Lorenzo Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiffs: Attorneys Present for Defendants: Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE:

DISMISSAL OF UNSERVED DEFENDANT ESCADA

Fed. R. Civ. P. 4(m) provides: "If a defendant is not served within 90 days after the complaint is filed, the court – on motion or on its own after notice to the plaintiff – must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period." When considering whether to dismiss a case for untimely service, "courts must determine whether good cause for the delay has been shown on a case by case basis." In re Sheehan, 253 F.3d 507, 512 (9th Cir. 2001). "[A]t a minimum, ‘good cause' means excusable neglect." Id. (quoting…

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