Lanau Aguilar v. Carben Construction Inc.

Background

Francisco Lanau Aguilar, through counsel, asked the court to extend the deadline for serving Ronald Browning and Anthony Logiudice. The request cited Federal Rule of Civil Procedure 4(m), which generally requires service within 90 days after a complaint is filed and permits or requires an extension in specified circumstances.

The request stated that process servers had served Carben Construction Inc. on or around November 28, 2022. It said additional time was needed to verify the individual defendants’ addresses and complete service. The letter also stated that the plaintiff intended to continue the case after the defendants appeared or, if they did not appear, seek a judgment based on their failure to respond.

Ruling

Judge Katherine Polk Failla granted the application. The court ordered the plaintiff to serve the remaining defendants by March 20, 2023. The Clerk of Court was directed to terminate the pending motion at docket entry 7. The order addressed the service deadline and did not decide the underlying claims.

Effect

The order extended the time for Francisco Lanau Aguilar to serve Ronald Browning and Anthony Logiudice. The opinion does not state that service had been completed on those defendants by the date of the order.