GS Holistic, LLC v. Masoud
- Haywood Gilliam
- 4:22-cv-07637
- U.S. District Court · Northern District of California
- 1
In GS Holistic v. Masoud, Judge Tse granted a 60-day service extension but denied service through the U.S. Marshals Service.
GS Holistic, LLC and the defendants, including Basel Masoud, were affected by the service deadline and the rulings on the requested service methods.
What happened
In GS Holistic, LLC v. Masoud, GS Holistic asked for more time to serve the defendants and for permission to serve Basel Masoud through the U.S. Marshals Service.
The amended complaint was filed on September 7, 2023, giving GS Holistic 90 days to serve the defendants. The plaintiff said difficulties serving Basel Masoud and a calendaring error caused the delay, and the opinion states there appeared to have been no further service attempts after October 2023.
Judge Alex G. Tse granted the request for a 60-day extension to complete service, setting May 13, 2024, as the deadline. The judge denied the request to serve Basel Masoud through the U.S. Marshals Service and warned that failing to serve the defendants by the deadline could lead to dismissal.
The detailed version
- GS Holistic, LLC v. Masoud · No. 4:22-cv-07637
- Haywood Gilliam
- Mar. 14, 2024
Background
GS Holistic, LLC filed an amended complaint on September 7, 2023. Under Federal Rule of Civil Procedure 4(m), the plaintiff had 90 days to serve the defendants. GS Holistic moved for leave and an extension of time to complete service, and separately requested permission to serve Basel Masoud through the U.S. Marshals Service.
GS Holistic represented that difficulties serving Basel Masoud and excusable neglect in the form of a “calendaring error” caused the delay. The opinion states that there appeared to have been no further attempts at service after October 2023. It also notes that failure to prosecute can support dismissal under Federal Rule of Civil Procedure 41(b).
Ruling
The court granted GS Holistic’s motion for leave and motion for a 60-day extension of time to perfect service. The court stated that failure to serve the defendants by May 13, 2024, may result in dismissal under Rule 41(b).
The court denied GS Holistic’s request for leave to serve Basel Masoud through the U.S. Marshals Service.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.