(PS) Kan v. Verdera Community Assoc.

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA | Johnny Kan, No. 2:22-cv-00348-KJM-JDP 12 Plaintiff, ORDER 13 v. 14 Verdera Community Association, et al., 1S Defendants.

17 The court previously ordered plaintiff Johnny Kan to show cause why this action should | not be dismissed for lack of prosecution. ECF No. 17. The court discharges that order to show | cause after reviewing counsel’s declaration in response. See generally Appelbaum Decl., ECF | No. 18. In the same declaration, counsel requests an extension of time to complete service and to | 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 | prejudice if a defendant has not been served within 90 days after a complaint is filed. Fed. R. | Civ. P. 4(m). The court must also, however, “extend the time for service for an appropriate | period,” but only if the plaintiff shows “good cause.” Fed. R. Civ. P. 4(m). The Ninth Circuit has | also held that a district court has discretion “to extend the time for service” even absent a showing | 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 | Rule 4(m), but the court exercises its discretion to extend that deadline fourteen days. No | further extensions will be granted. Kan may then amend his complaint within 21 days after | 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 | 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