1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 United States of America, Case No.: 3:22-cv-00727-RSH-AGS

12 Plaintiff,

ORDER GRANTING JOINT

13 v. MOTION TO EXTEND TIME TO

RESPOND TO COMPLAINT AND

14 ESTATE OF TOM L. MEYER, aka

EFFECTUATE SERVICE

“Tommy Meyer,” by and through his 15 personal representative and/or successors- [ECF No. 14] 16 in-interest; et al.,

17 Defendants. 18 19 Plaintiff United States of America and Defendants Cynthia L. Meyer, Bradley A. 20 Meyer, and Chad H. Meyer jointly move for an extension of time to respond to the First 21 Amended Complaint and serve process on the yet-to-be appointed personal representative 22 of the Estate of Tom L. Meyer. ECF No. 14. 23 Federal Rule of Civil Procedure 4(m) requires a plaintiff to serve a defendant “within 24 90 days after the complaint is filed.” Courts use a two-step analysis to decide whether to 25 extend the prescribed time for service of a complaint. In re Sheehan, 253 F.3d at 512 (citing 26 Fed. R. Civ. P. 4(m); Petrucelli v. Bohringer & Ratzinger, GMBH, 46 F.3d 1298, 1305 (3d 27 Cir. 1995)). First, if the plaintiff shows good cause, a court must extend the time for service. 28 In re Sheehan, 253 F.3d at 512-13; see Boudette v. Barnette, 923 F.2d 754, 756 (9th Cir. 1 || 1991) (‘At a minimum, ‘good cause’ means excusable neglect.”). Second, if there is no 2 || good cause, a court has broad discretion to extend the time for service or dismiss the case 3 || without prejudice. Jn re Sheehan, 253 F.3d at 512-13. 4 Because the Parties demonstrate good cause, the Court GRANTS the Parties’ Joint 5 || Motion to Extend Time, ECF No. 14. Accordingly, the Court ORDERS: 6 1. The deadline for Plaintiff to serve the First Amended Complaint on the yet- 7 ||to-be appointed personal representative of the Estate of Tom L. Meyer is extended until 8 || December 1, 2022; 9 2. The deadline for Defendants Cynthia L. Meyer, Bradley A. Meyer, and Chad 10 ||H. Meyer to respond to the First Amended Complaint is extended until December 1, 2022; 11 12 3. If Plaintiff has not served the yet-to-be appointed personal representative of 13 || the Estate of Tom L. Meyer by December 1, 2022, the Court will dismiss the First Amended 14 || Complaint without prejudice, absent further order from the Court. 15 SO ORDERED. 16 || Dated: August 26, 2022 feeb vr § Howe 7 Hon. Robert S. Huie United States District Judge 18 19 20 21 22 23 24 25 26 27 28