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Backups Plus Computer Serv. v. Hartford Casualty Ins. Co.

United States District Court, D. Idaho
Oct 13, 2011
Case No. 1:11-cv-00237-BLW (D. Idaho Oct. 13, 2011)

Opinion

Case No. 1:11-cv-00237-BLW.

October 13, 2011


ORDER


The Court has before it Plaintiff's Motion to Extend Time to Serve Defendants (Dkt. 4). District courts have broad discretion to extend time for service under Rule 4(m). Efaw v. Williams, 473 F.3d 1038, 1040 (9th Cir. 2007). Although a district court's discretion is not limitless, Rule 4(m) " permits the district court to grant an extension even in the absence of good cause." Id. (emphasis in original). Courts may consider factors such as statute of limitations, actual notice, prejudice to the defendant and eventual service. Id.

Here, Plaintiff asks for only a 14-day extension. Moreover, Plaintiff explains that Defendant has known about the case because of a related case. Therefore, the Court finds that a 14-continuance will not prejudice Defendants. Accordingly, the Court will grant the motion.

ORDER

IT IS ORDERED:

1. Plaintiff's Motion to Extend Time to Serve Defendants (Dkt. 4) is GRANTED. Plaintiff shall have until October 28, 2011 to serve Defendants.


Summaries of

Backups Plus Computer Serv. v. Hartford Casualty Ins. Co.

United States District Court, D. Idaho
Oct 13, 2011
Case No. 1:11-cv-00237-BLW (D. Idaho Oct. 13, 2011)
Case details for

Backups Plus Computer Serv. v. Hartford Casualty Ins. Co.

Case Details

Full title:BACKUPS PLUS COMPUTER SERVICES, LLC, Plaintiff, v. HARTFORD CASUALTY…

Court:United States District Court, D. Idaho

Date published: Oct 13, 2011

Citations

Case No. 1:11-cv-00237-BLW (D. Idaho Oct. 13, 2011)