Doe v. Adams ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 JANE DOE, Case No. 1:21-cv-01103-NONE-SAB 11 Plaintiff, ORDER GRANTING PLAINTIFF’S 12 REQUEST FOR EXTENSION OF TIME TO v. COMPLETE SERVICE ON DEFENDANTS 13 DERRAL ADAMS, et al., ORDER CONTINUING SCHEDULING 14 CONFERENCE TO FEBRUARY 8, 2022 AT Defendants. 10:00 A.M. 15 THIRTY DAY DEADLINE 16 17 This action was filed on July 20, 2021. (ECF No. 1.) Summonses were issued on the 18 same date. (ECF Nos. 3, 4.) The only summons returned executed thus far pertains to 19 Defendant Timothy Beach. (ECF No. 8.) On August 19, 2021, the Court extended the time for 20 Timothy Beach to file a responsive pleading until October 14, 2021. (ECF No. 9.) On October 21 13, 2021, the Court granted a stipulated request to continue the scheduling conference until 22 December 7, 2021. (ECF No. 11.) In the October 13, 2021 order, the Court reminded Plaintiff 23 that the deadline to complete service under Federal Rule of Civil Procedure 4(m) was nearly 24 expired. On October 15, 2021, the Court granted Defendant Timothy Beach’s unopposed motion 25 to extend the time to file a responsive pleading until November 11, 2021, and again reminded 26 Plaintiff of the approaching deadline under Rule 4(m). (ECF No. 13.) The deadline for 27 Defendant Timothy Beach to file a responsive pleading expired and no stipulation to extend the time was filed and no request for entry of default was filed. Additionally, no executed 1 summonses have been filed demonstrating service as to the remaining Defendants in this action, 2 and the deadline to do so expired, Fed. R. Civ. P. 4(m). Thus, on November 19, 2021, the Court 3 ordered Plaintiff to file a status report within five (5) days of entry addressing service and 4 readiness for the scheduling conference currently set for December 7, 2021. (ECF No. 18.) 5 On November 22, 2021, Defendant Timothy Beach filed an answer. (ECF No. 19.) On 6 November 29, 2021, Plaintiff belatedly filed a status report responsive to the November 19, 2021 7 order. (ECF No. 20.) Plaintiff informs the Court that Defendant Beach has now answered, and 8 that Plaintiff still has not been able to locate the other Defendants in this action “despite diligent 9 efforts.” (Id.) Plaintiff requests an additional thirty (30) days to attempt service. 10 Plaintiff is admonished for not filing the status report within the five (5) days allotted. 11 Further, the Court notes Plaintiff’s request for a thirty (30) day extension does not provide a 12 specific articulated basis for the inability to have located the other Defendants in this action nor 13 does it describe the diligent efforts that have been unsuccessful thus far. Nonetheless, the Court 14 shall allow an additional thirty (30) days for Plaintiff to complete service on the remaining 15 named Defendants. Fed. R. Civ. P. 4(m) (“[I]f the plaintiff shows good cause for the failure, the 16 court must extend the time for service for an appropriate period.”). The Court shall also continue 17 the scheduling conference to allow for service and the filing of a responsive pleading. 18 If Plaintiff does not complete service within thirty (30) days, the Court shall recommend 19 dismissal of the unserved Defendants. See Fed. R. Civ. P. 4(m) (“If a defendant is not served 20 within 90 days after the complaint is filed, the court—on motion or on its own after notice to the 21 plaintiff—must dismiss the action without prejudice against that defendant or order that service 22 be made within a specified time.”). The Court will not grant any further extension of time absent 23 demonstrable good cause based on a specific description of the previous attempts to locate the 24 unserved Defendants, and a description of the efforts expended following entry of this order. 25 / / / 26 / / / 27 / / / nen eee ee een nen OE IIE IS ISI ID IIE OO OE 1 Accordingly, finding good cause, IT IS HEREBY ORDERED that: 2 1. Plaintiffs request for an extension of time to complete service is GRANTED; 3 2. Plaintiff shall complete and file proofs of service for Defendants Derral Adams, 4 Janel Espinoza, and Deborah K. Johnson, within thirty (30) days of entry of this 5 order; 6 3. The scheduling conference set for December 7, 2021, is CONTINUED to 7 February 8, 2022, at 10:00 a.m. in Courtroom 9; 8 4. The parties shall file a joint scheduling report seven (7) days prior to the 9 scheduling conference; and 10 5. The parties shall address the need for a motion to file pseudonymous pleadings in 11 the scheduling report.! 12 B IT IS SO ORDERED. DAM Le 14 | Dated: _ November 29, 2021 Is UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 Plaintiff did not file a motion to file pseudonymous pleadings in this action. The parties should be prepared to address this issue, and be prepared to set a filing date and briefing schedule for such motion, if opposed, or file an unopposed motion that satisfies the applicable legal standards. See Fed. R. Civ. P. 10(a); Doe v. Kamehameha 27 Schools (“Kamehameha Schools”), 596 F.3d 1036, 1042 (9th Cir. 2010); Does I thru XXIII v. Advanced Textile 28 Corp. (“Advanced Textile Corp.”), 214 F.3d 1058, 1067 (9th Cir. 2000).