Alvarez

Cadles of West Virginia, LLC v. Alvarez

Good Law
United States District Court, Southern District of CaliforniaMay 27, 20213:20-cv-02534California672 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 CADLES OF WEST VIRGINIA, LLC, Case No.: 20-CV-2534 TWR (WVG)

Plaintiff,

ORDER GRANTING PLAINTIFF’S

v. MOTION FOR LEAVE TO SERVE

PROCESS OUTSIDE THE 90-DAY

MARIO ALVAREZ, et al.,

PERIOD

Defendants. (ECF No. 18)

17 Before the Court is Plaintiff’s Motion for Leave to Serve Process Outside the 90- Day Period. (ECF No. 18.) For the reasons set forth below, the Court GRANTS the Motion. LEGAL STANDARD Under Fed. R. Civ. P. 4(m), the court must dismiss a case without prejudice or “order that service be made within a specified time” if the plaintiff has not made timely service. Fed. R. Civ. P. 4(m). The Rule also allows the court to “extend the time for service for an appropriate period” if the plaintiff “shows good cause for the failure.” Id. The Ninth Circuit has stated that Rule 4(m) provides “two avenues for relief.” Lemoge v. United States, 587 F.3d 1188, 1198…

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