United States of America for the use and benefit of ideal Manufacturing, Inc. v. West Point Contractors, Inc.
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
Plaintiff Ideal Manufacturing, Inc. filed an ex parte application for a 90-day extension of time to serve the defendants, arguing that the extension would allow for settlement of the underlying claims. The court granted the application, finding good cause existed to advance judicial economy, and ordered the plaintiff to file proof of service by November 16, 2022.
| What the court decided | The model |
|---|---|
Ex parte application for 90-day extension of time to serve defendants granted“Accordingly, this Court GRANTS the Ex Parte Application and ORDERS Plaintiff to file proof that it effectuated service upon Defendants by no later than November 16, 2022.” | agree with court The court correctly applied the 'good cause' standard for extending the time to serve under Federal Rule of Civil Procedure 4(m). The plaintiff provided a specific reason (expectation of payment/settlement) that aligns with the judicial economy rationale cited in the Ninth Circuit precedent. The deadline calculation (August 18 + 90 days = November 16) is accurate. |
The order itself: sound — The order is concise but legally sufficient. It identifies the motion, the relevant rule (Rule 4(m)), the standard (good cause), the specific facts supporting the standard (expectation of settlement/payment), and the applicable circuit precedent. It correctly calculates the new deadline. There are no gaps in the reasoning for this type of procedural order.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, for Case No. 22-cv-0732-BAS-JLB the use and benefit of IDEAL 12 MANUFACTURING, INC. GRANTING EX PARTE 13 APPLICATION TO EXTEND Plaintiff, DEADLINE TO SERVE 14 v. DEFENDANTS 15 WEST POINT CONTRACTORS, INC.; [ECF No. 3] 16 WEST POINT UTILITIES, LLC;
HARCO NATIONAL INSURANCE 17 COMPANY; FIRST MARK 18 CONSTRUCTION, LLC; FIDELITY AND DEPOSIT COMPANY OF 19 MARYLAND 20 Defendant. 21 22 Before this Court is Plaintiff Ideal Manufacturing, Inc.’s ex parte application for a 23 90-day extension of time to serve the named Defendants. (Ex Parte App., ECF No. 3.) 24 Plaintiff commenced this lawsuit on May 20, 2022 to recover compensation for materials 25 furnished and labor performed for the construction and repairs of a Water Treatment Plant 26 at a Naval Air Facility. Under Federal Rule of Civil Procedure (“Rule”) 4(m), Plaintiff has 27 until August 18, 2022 to effectuate service. 28 1 Plaintiff avers that its requested 90-day extension “will allow all parties an 2 || opportunity to resolve [the underlying] claims without costly litigation” because Plaintiff 3 expects to receive the outstanding payment for materials furnished and labor performed 4 within 30 to 60 days. (Osborne Decl. J] 4-5, Ex. 2 to Ex Parte App., ECF No. 3-2.) 5 || Because a 90-day extension would advance judicial economy and the efficient use of the 6 || party’s resources, this Court finds the Ex Parte Application to extend time pursuant to Rule 7 is supported by good cause. See Efaw v. Williams, 473 F.3d 1038, 1040-41 (9th Cir. 8 ||2007). Accordingly, this Court GRANTS the Ex Parte Application and ORDERS 9 Plaintiff to file proof that it effectuated service upon Defendants by no later than 10 || November 16, 2022. 11 IT IS SO ORDERED. 12 A. 13 || DATED: August 16, 2022 sii A Hipha. 6 14 United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28