Opinion
C23-0398JLR
06-15-2023
GS HOLISTIC, LLC, Plaintiff, v. GRANITE VAPE, LLC, et al., Defendants.
ORDER
JAMES L. ROBART, United States District Judge
Before the court is Plaintiff GS Holistic, LLC's (“GS Holistic”) motion for a 60-day extension of time to perfect service on Defendants Brian Snow, Rahn Bruns, Amir Rai, and Jonathan Stephani (collectively, “Defendants”). (Mot. (Dkt. # 9).) The court GRANTS GS Holistic's motion for an extension of time.
Federal Rule of Civil Procedure 4 requires a plaintiff to serve the defendant with a summons and a copy of the complaint and sets forth the specific requirements for doing so. See Fed.R.Civ.P. 4. Rule 4(m), which provides the timeframe in which service must be effectuated, states in relevant part:
If a defendant is not served within 90 days after the complaint is filed, the court-on motion or on its own after notice to the plaintiff-must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.Id.
GS Holistic filed this action on March 16, 2023. (Compl. (Dkt. # 1).) As a result, Rule 4(m)'s 90-day deadline for effectuating service of process expired on Wednesday, June 14, 2023. Fed. R. Civ. P 4(m). GS Holistic represents that it was able to serve Defendant Granite Vape, LLC, on May 24, 2023.(Mot. ¶ 2.) GS Holistic represents that it has attempted to serve the remaining Defendants at “different times” but has been unsuccessful. (Id. ¶ 3.) GS Holistic now asks the court to extend the Rule 4(m) deadline by 60 days to allow it to perfect service on Defendants “either personally or by publication.” (Id. ¶ 5.)
The court finds that GS Holistic has not demonstrated good cause for its failure to effectuate service before the Rule 4(m) deadline. Nevertheless, the court GRANTS GS Holistic's motion for a 60-day extension of the deadline to perfect service (Dkt. # 9). GS Holistic shall file proof of service on Defendants by no later than August 13, 2023. Failure to do so may result in the dismissal without prejudice of GS Holistic's claims against Defendants. Further extensions of the deadline to serve Defendants will not be granted absent exceptional circumstances.