Opinion
Civil Action No. 12-cv-02069-WYD-MEH
01-08-2013
MALIBU MEDIA, LLC, Plaintiff, v. JOHN DOE 4, Defendant.
MINUTE ORDER
Entered by Michael E. Hegarty , United States Magistrate Judge, on January 8, 2013.
Pending before the Court are Plaintiff's Second Motion for Extension of Time Within Which it Has to Effectuate Service on John Doe Defendant [filed January 3, 2013; docket #51] and a Motion to Deny Plaintiff's Second Request for an Extension of Time to Effectuate Personal Service on Defendant John Doe #4 [filed January 3, 2013; docket #52], which the Court construes as a response to Plaintiff's Motion.
The Court finds that Doe #4 has inhibited Plaintiff's ability to effectuate service within the Rule 4(m) period by filing a motion to quash. Until Doe #4's pending motion is resolved by Judge Daniel, Plaintiff has no way of obtaining Doe #4's identity, and thus, no way of effectuating proper service. Because Plaintiff's inability to comply with the current deadline arises from Doe #4's attempt to delay the disclosure of his identifying information, the Court finds good cause to grant Plaintiff's Motion and extend the deadline for service pursuant to Rule 4(m) through and including February 1, 2013. To the extent Doe #4's filing is docketed as a Motion, it is denied.
The Clerk of the Court is directed to mail a copy of this order to Doe #4 at the address provided in docket #28.