Terry v. Wasatch Advantage Group, LLC

1 Laura L. Ho (SBN 173179) [email protected] Anne Bellows (SBN 293722) [email protected] Kristen A. Burzynski (SBN 331433) [email protected] GOLDSTEIN, BORGEN, DARDARIAN & HO Grand Avenue, Suite 900 Oakland, CA 94612 (510) 763-9800; (510) 835-1417 (Fax) Andrew Wolff (SBN 195092) [email protected] LAW OFFICES OF ANDREW WOLFF, PC 1615 Broadway, 4th Floor Oakland, CA 94612 (510) 834-3300; (510) 834-3377 (Fax) Jesse Newmark (SBN 247488) [email protected] CENTRO LEGAL DE LA RAZA 3022 International Blvd., Suite 410 Oakland, CA 94601 (510) 437-1863; (510) 437-9164 Jocelyn D. Larkin (SBN 110817) Lindsay Nako (SBN 239090) [email protected] [email protected] THE IMPACT FUND 2080 Addison Street, Suite 5 Berkeley, CA 94701 (510) 845-3473; (510) 845-3654 (Fax) Attorneys for Plaintiffs and Relators and the Certified Classes 19 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 20 SACRAMENTO DIVISION 21 DENIKA TERRY, et al., Case No.: 2:15-CV-00799-KJM-DB 22 Plaintiffs/Relators, CLASS ACTION 23 vs. ORDER EXTENDING TIME FOR SERVICE UNDER RULE 4(m) 24 WASATCH ADVANTAGE GROUP, LLC, et al., Date: December 17, 2021 25 Defendants. Time: 10:00 a.m.

Dept: Courtroom 3, 15th Floor 26 Before: Hon. Chief Judge Kimberly J. Mueller 27 Trial Date: None Set 2 ORDER 3 The court has reviewed Plaintiffs’ Motion to Extend the Time for Service, ECF No. 153, which is unopposed.. For the reasons below, the court grants the request.

5 A plaintiff must serve a defendant “within 90 days after the complaint is filed.” Fed. R. Civ. P. 4(m). “[I]f the plaintiff shows good cause for the failure, the court must extend the time for service.”

7 Id. Good cause exists if “(a) the party to be served received actual notice of the lawsuit; (b) the defendant would suffer no prejudice; and (c) plaintiff would be severely prejudiced if his complaint were dismissed.” In re Sheehan, 253 F.3d 507, 512 (9th Cir. 2001) (citation omitted). “[E]ven without a showing of good cause, a district court may utilize its ‘broad’ discretion to extend the time for service. United States v. 2,164 Watches, More or Less Bearing a Registered Trademark of Guess?, Inc., 366 F.3d 767, 772 (9th Cir. 2004).

13 Here, plaintiffs filed their amended complaint and, two days later, sent defense counsel a request for waiver of service on behalf of the new defendants. Mot. at 3. Defense counsel represented they were finalizing an agreement to represent the new defendants. Id. Despite diligent and continued efforts by both parties, defense counsel did not finalize the representation and complete the waiver of service by the November 15, 2021 service deadline imposed by Rule 4. Id. at 1–4. However, the new defendants are aware of the lawsuit, Bellows Decl. 5, 7–21, ECF No. 153-1, and would not be prejudiced if the court grants an extension for plaintiffs to effect service.

20 Good cause appearing, and in the exercise of this court’s broad discretion to extend the time for service, the court hereby grants the motion and extends the period for service under Federal Rule of Civil Procedure 4(m) by an additional 45 days, to December 30, 2021.

23 The court vacates the motion hearing set for December 17, 2021.

24 This order resolves ECF No. 153 25 IT IS SO ORDERED.

26 DATED: November 22, 2021.