Hernandez v. MRVS Enterprises Inc.

Background

Plaintiff filed this disability-access action on August 19, 2021. The court previously granted Plaintiff relief from the service deadline because of difficulties serving Defendants. Plaintiff later served Defendants. MRVS Enterprises answered the complaint, while Pradeep K. Khatri did not appear; Plaintiff obtained an entry of default against him.

After mediation was unsuccessful, the court ordered Plaintiff to seek a default judgment against the defaulted Defendant. The court later granted Plaintiff relief from that order after Plaintiff asserted that the Defendants were jointly and severally liable. The parties then stipulated to allow Plaintiff to file a first amended complaint alleging additional access barriers related to his disability and correcting the name of the property owners.

Motion and ruling

Plaintiff again sought administrative relief from the service deadline because of difficulties serving Pradeep K. Khatri and Kokila Pradip Khatri. Plaintiff requested until April 6, 2023, to complete service or seek permission for service by publication. MRVS Enterprises opposed the request, arguing that Plaintiff had not been diligent and was attempting to serve the same or similar parties as earlier in the case.

The court granted Plaintiff’s motion for administrative relief in part. It found that MRVS Enterprises had not shown prejudice from the delay. The court also noted that, although one Defendant was the same as a previously named Defendant, Plaintiff was required to serve the amended complaint on all Defendants. The court extended the service deadline to March 16, 2023, and required Plaintiff to file proof of service of the summons and complaint or a motion for alternative service by that date. The order disposed of Docket No. 39.