(PS) Aussieker v. Real Seed LLC

Good Law
United States District Court, Eastern District of CaliforniaJune 9, 20232:22-cv-01888California417 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARK AUSSIEKER, Case No. 2:22-cv-01888-TLN-JDP (PS) Plaintiff, v. ORDER TO SHOW CAUSE REAL SEED LLC, et al., Defendants. 16 Plaintiff commenced this action in October 2022. To date, none of the defendants have appeared in this action, and plaintiff has not filed proofs of service demonstrating that defendants were properly served. See Fed. R. Civ. P. 4(l). Under Federal Rule of Civil Procedure 4(m), “[i]f 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.” Fed. R. Civ. P. 4(m). However, “if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.” Id. Although a pro se litigants are generally afforded more latitude than one represented by counsel, a…

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