Eyetalk365, LLC v. SKYBELL TECHNOLOGIES, INC.

No. 3:16-cv-00702-FDW-DCK.

EYETALK365, LLC, Plaintiff, v. SKYBELL TECHNOLOGIES, INC., Defendant.

United States District Court, W.D. North Carolina, Charlotte Division.

Editors Note
Applicable Law: 35 U.S.C. § 271
Cause: 35 U.S.C. § 271 Patent Infringement
Nature of Suit: 830 Patent
Source: PACER


Attorney(s) appearing for the Case

Eyetalk365, LLC, Plaintiff, represented by Kirk Alan Parry, Jr. , Parry Tyndall White.

Eyetalk365, LLC, Plaintiff, represented by Michelle Merck Walker , Parry Tyndall White.


ORDER

FRANK D. WHITNEY, Chief District Judge.

THIS MATTER is before the Court on Plaintiff Eyetalk365, LLC's Response (Doc. No. 8) to this Court's Order to Show Cause (Doc. No. 7) as to why service was not completed within the required time limit, or, if Defendant had been served, to provide an affidavit of service.

Absent a showing of good cause, Rule 4(m) of the Federal Rules of Civil Procedure permits this Court to "dismiss the action without prejudice against that defendant. . . ." for failure to serve within the required ninety (90) day period. However, "if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period." Id.

For the reasons stated in Plaintiff's Response (Doc. No. 8), the Court finds Plaintiff has shown good cause for the delay and hereby extends the time for service of Plaintiff's amended complaint. Plaintiff is ORDERED to file, serve Defendant, and provide this Court with an affidavit proving said service of its amended complaint no later than Friday, February 24, 2017.

IT IS SO ORDERED.


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