(PS) Larson v. Commonspirit Health

Good Law
United States District Court, Eastern District of CaliforniaJanuary 12, 20242:23-cv-00747California448 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NANCEE LARSON, Case No. 2:23-cv-00747-TLN-JDP (PS) Plaintiff, ORDER v. TO SHOW CAUSE COMMONSPIRIT HEALTH, RESPONSE DUE WITHIN FOURTEEN

DAYS

Defendant. 16 In April 2023, plaintiff commenced this action against Commonspirit Health and paid the required filing fee. To date, defendant has not appeared in this action, and plaintiff has not filed proof of service demonstrating that defendant was 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. …

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