Terrell

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 AMY TERRELL, Case No.: 19-CV-1759-CAB-BGS

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS

THOMAS B. MODLY, Acting Secretary, Department of the Navy, [Doc. No. 4] 15 Defendant. 16 17 Defendant has filed a motion to dismiss the complaint in this action under Federal Rule of Civil Procedure 12(b)(5) for insufficient service of process because Plaintiff did not serve the complaint in accordance with Federal Rule of Civil Procedure 4(i) within the 90 days required by Rule 4(m). In her opposition, Plaintiff concedes that she had not adequately served the Attorney General of the United States, as required by Rule 4(i)(1)(B), at the time of Defendant’s motion, but states that she remedied that defect in service. Thus, Plaintiff asks for relief under Rule 4(m) for the delay in service. In its reply, Defendant points out that the proof service that Plaintiff filed on January 6, 2020 [Doc. No. 5] relates to a…