Masoud
GS Holistic, LLC v. Masoud
Opinion
trial_court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
GS HOLISTIC, LLC, Case No. 22-cv-07637-AGT Plaintiff,
ORDER RE: PLAINTIFF’S MOTION
Vv. FOR LEAVE AND MOTION FOR
EXTENSION OF TIME TO PERFECT
BASEL MASOUD, et al., SERVICE Defendants. Re: Dkt. No. 33 Plaintiff filed a motion for leave and extension of time to perfect service, and leave to serve defendant Basel Masoud through the U.S. Marshals Service. Dkt. 33. Plaintiff's amended complaint was filed September 7, 2023, and Plaintiff had 90 days from that date to serve Defendants. See McGuckin v. United States, 918 F.2d 811, 813 (9th Cir. 1990); Fed. R. Civ. P. 4(m). There appears to have been no further attempts at service after October 2023. See dkt. 33-5. Plaintiffrepresents that difficulties in serving defendant Basel Masoud and excusable neglect, in the form of a “calendaring error,” caused this delay. See dkt. 33 4-6; dkt. 33-2 ¢ 11-13. A failure to prosecute can be grounds for dismissal. See Fed. R. Civ. P. 41(b); Oliva v. Sullivan, 958 F.2d 272, 274 (9th Cir. 1992). The Court GRANTS Plaintiff's motion…