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Real Property: Other | Rhode Island
Stipulation
STIPULATION filed by All Defendants. (Tarro, Thomas)
Contract: Other | Massachusetts
Order on Motion for Extension of Time
Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered re 14 Motion for Extension of Time to Serve. On September 18th, plaintiff Marcelo Carvalho (plaintiff) filed a third motion to extend the time to serve defendant Joel Roban (Roban), this time by thirty days. (D. 14 ). In accordance with an August 18th order, plaintiff adequately summarizes and explains why prior efforts were not successful. Specifically, he notes the prior allowance of serving Roban by alternative means at: (1) the headquarters and principal place of business of a New Hampshire limited liability company (the company), where Roban was a manager; and (2) at the address of the company's registered agent. On September 18th, plaintiff made unsuccessful attempts to serve Roban via each alternative means. Individuals at the company's headquarters and principal place of business stated that Roban (as well as the company) were not currently at the address. Similarly, the registered agent for the company stated he was no longer the company's agent. In addition to complying with the order, plaintiff must show good cause where, as here, he filed the motion before the September 18th deadline expired. Fed. R. Civ. P. 6(b)(1)(A) (requiring good cause if request to extend time "is made[] before the original time or its extension expires"). "Good cause 'emphasizes the diligence of the party seeking' the extension." Hebert v. Donahue, 167 F.4th 1, 9 (1st Cir. 2026) (citation omitted). As indicated above, from August 18th, the second extended deadline, to September 18th, the existing deadline, plaintiff made the above two attempts to serve Roban. These attempts evidence plaintiff's due diligence, particularly where the time-period is only thirty days. Accordingly, plaintiff has up to and including October 18th to serve Roban. (NMC)
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