(PS) Kan v. Verdera Community Assoc. ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 | Johnny Kan, No. 2:22-cv-00348-KJM-JDP 12 Plaintiff, ORDER 13 v. 14 Verdera Community Association, et al., 1S Defendants. 16 17 The court previously ordered plaintiff Johnny Kan to show cause why this action should 18 | not be dismissed for lack of prosecution. ECF No. 17. The court discharges that order to show 19 | cause after reviewing counsel’s declaration in response. See generally Appelbaum Decl., ECF 20 | No. 18. In the same declaration, counsel requests an extension of time to complete service and to 21 | seek leave to amend his complaint. See Appelbaum Decl. ¥ 5. 22 Under Federal Rule of Civil Procedure 4, the court must dismiss an action without 23 | prejudice if a defendant has not been served within 90 days after a complaint is filed. Fed. R. 24 | Civ. P. 4(m). The court must also, however, “extend the time for service for an appropriate 25 | period,” but only if the plaintiff shows “good cause.” Fed. R. Civ. P. 4(m). The Ninth Circuit has 26 | also held that a district court has discretion “to extend the time for service” even absent a showing 27 | of good cause. Jn re Sheehan, 253 F.3d 507, 513 (9th Cir. 2001). ] Kan has not shown good cause to extend the deadline for completing service under 2 | Rule 4(m), but the court exercises its discretion to extend that deadline fourteen days. No 3 | further extensions will be granted. Kan may then amend his complaint within 21 days after 4 | serving it, as Rule 15(a)(1)(A) expressly permits. 5 A status (pretrial scheduling) conference is set for February 9, 2023 at 2:30 p.m. before 6 | the undersigned, with a joint status report due 14 days prior. 7 IT IS SO ORDERED. 8 DATED: November 21, 2022. [\ (] 9 ( ti / { q_/ CHIEF NT] ED STATES DISTRICT JUDGE