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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
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`DAVID JEFFREY CENEDELLA,
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`CASE NO. 2:23-cv-274
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`v.
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`Plaintiff,
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`MINUTE ORDER
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`BRISTOL MYERS SQUIBB CO, a
`Delaware corporation doing business in
`Washington,
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`Defendant.
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`The following Minute Order is made by direction of the Court, the Honorable
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`Jamal N. Whitehead, United States District Judge: On February 27, 2023, David
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`Jeffrey Cenedella filed this lawsuit against Bristol Myers Squibb Co. Dkt. No. 1. On
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`November 9, 2023, the Court ordered Cenedella to show cause within 14 days why
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`this matter should not be dismissed without prejudice under Fed. R. Civ. P. 4(m) for
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`failure to effect timely service. Dkt. No. 8. Plaintiff did not respond to the Court’s
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`Order. See docket generally. The Court dismissed Plaintiff’s case without prejudice.
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`Plaintiff now asks the Court for another 60 days for service in this matter. Dkt. No.
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`10. Plaintiff based his request for additional time for service on the fact that there is
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`a group of plaintiffs across the country who are also involved in litigation with the
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`MINUTE ORDER - 1
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`Case 2:23-cv-00274-JNW Document 11 Filed 03/04/24 Page 2 of 2
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`Defendant and that an acceptance of service has been sent to Defendant’s counsel.
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`Id.
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`Plaintiff filed the Rule 4(m) motion for an extension of time after the Court
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`had already dismissed this case. Dkt. No. 9. The Rule 4(m) motion is therefore
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`properly read as a motion for relief under Rule 59(e) or Rule 60(b) from the Court’s
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`November 27, 2023, Order. Dkt. No. 10. Motions for extension of time in which to
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`effect service of process are governed by Fed. R. Civ. P. 4(m), which provides that “if
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`the plaintiff shows good cause for the failure [to serve within 90 days], the court
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`must extend the time for service for an appropriate period.” Here, Plaintiff failed to
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`respond to the Court’s show cause order; thus, no showing of good cause was made.
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`Plaintiff fails to identify any change of controlling law, availability of new
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`evidence, or clear error in the November 27, 2023, Order, or need to prevent
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`manifest injustice that is required to grant his motion for relief from the November
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`27 Order.
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`The Court DENIES Plaintiff’s motion. Dkt. No. 10.
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`Dated this 4th day of March 2024.
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`Ravi Subramanian
`Clerk
`/s/Kathleen Albert
`Deputy Clerk
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`MINUTE ORDER - 2
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