Opinion
CIVIL NO. 15-00428 DKW-RLP
02-17-2016
COBBLER NEVADA, LLC, Plaintiff, v. DOES 1 THROUGH 21, Defendants.
DEFICIENCY NOTICE AND ORDER REGARDING SERVICE OF DEFENDANTS
Plaintiff filed its Complaint against the Defendants on October 16, 2015. ECF No. 1. Based on the docket, it does not appear that Plaintiff has effected service of the Complaint or Summons as required under Rule 4 of the Federal Rules of Civil Procedure. At the time that the Complaint was filed, Rule 4(m) provided that a complaint must be served within 120 days after the complaint is filed. The current version of Rule 4(m) provides that service must be accomplished within 90 days after the complaint is filed. Fed. R. Civ. P. 4(m).
As of the present date, more than 120 days have passed since Plaintiff filed its Complaint, yet no proof of service has been filed. Pursuant to Rule 4(m), the Court hereby gives notice to Plaintiff that it must serve, or show good cause for the failure to serve, the Complaint and Summons on Defendants within thirty days (including weekends and holidays) of the date of this Deficiency Notice and Order. Failure to do so may result in dismissal of this action for failure to prosecute or otherwise follow a court order. See Fed. R. Civ. P. 41(b); Fed. R. Civ. P. 4(m). See also In re Sheehan, 253 F.3d 507, 513 (9th Cir. 2001) (stating that the court has broad discretion under Rule 4(m)).
The Rule 16 Scheduling Conference set for March 24, 2016, is hereby VACATED and will be rescheduled as appropriate.
IT IS SO ORDERED.
DATED HONOLULU, HAWAII, FEBRUARY 17, 2016.
/s/_________
Richard L. Puglisi
United States Magistrate Judge