Sanchez

Sanchez v. Church's Chicken

Good Law
United States District Court, Southern District of CaliforniaJanuary 8, 20213:20-cv-01720California426 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA 10 MARIA SANCHEZ, Case No. 20-cv-01720-BAS-JLB 11 Plaintiff, ORDER GRANTING EXTENSION OF SERVICE PERIOD v. 13 CHURCH’S CHICKEN, et al., 14 Defendants. 15 The Court recently issued an Order to Show Cause why this action should not be dismissed for failure to prosecute after Plaintiff attempted to amend her Complaint without demonstrating that service was timely completed within 90 days. (ECF No. 5.) Before the Court is Plaintiff’s response explaining that due to Plaintiff’s counsel’s medical emergency requiring hospitalization and a positive case of COVID-19 at counsel’s firm, Plaintiff requires additional time to complete service. (Resp., ECF No. 8; Decl. of Richard Alan Smith ¶¶ 5–7, ECF No. 8-1.) Under Federal Rule of Civil Procedure 4(m), “if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.” “At a minimum, ‘good cause’ means excusable neglect.” Boudette v. Barnette, 923 F.2d 754,…

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