Hernandez v. County of Fresno

Hernandez · United States District Court for the Eastern District of California · August 2, 2023 · No. 1:22-cv-01145-ADA-EPG

Summary

The United States District Court for the Eastern District of California granted Plaintiffs’ motion to enlarge the time to serve individual defendants in an action alleging failures to prevent and end abuse suffered in foster care. The court extended the service deadline to October 31, 2023, vacated the noticed hearing, and directed the Clerk to add Elizabeth Sandate as a defendant.

Holdings

  1. The court granted plaintiffs an extension until October 31, 2023, to serve the seven individual defendants.
  2. The court recognized that Rule 4(m) permits a district court to grant an extension even without good cause and exercised that discretion here.

Questions Presented

  1. Whether plaintiffs should receive additional time under Federal Rule of Civil Procedure 4(m) to serve the individual defendants.
  2. Whether the court may grant an extension of time for service even without a showing of good cause.

Disposition

other

Cases Cited (1)

  • Efaw v. Williams, 473 F.3d 1038, 1040 (9th Cir. 2007)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

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