Suresh v. Schola Incorporated

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Ajay Suresh, No. CV-24-02173-PHX-KML

10 Plaintiff, ORDER

11 v.

12 Schola Incorporated,

13 Defendant. 14 15 Plaintiff Ajay Suresh filed this copyright action on August 23, 2024. (Doc. 1.) The 16 court entered an order directing the Clerk of Court to dismiss this case on November 29, 17 2024, if Suresh had not filed proof of service by that date. Suresh did not file proof of 18 service by the deadline. On December 4, 2024, the Clerk of Court dismissed the case. (Doc. 19 11.) On December 11, 2024, Suresh filed a “motion to reinstate.” (Doc. 13.) That motion 20 claims defendant Schola, Inc., was served on November 20, 2024. (Doc. 13 at 2.) Suresh 21 states an “oversight in the course of diligent efforts to effectuate service” resulted in the 22 proof of service not being filed. (Doc. 13 at 2.) 23 Service of process may have been accomplished before the deadline, plaintiff filed 24 his motion one week after the case was closed, and the case was filed not long ago. 25 Therefore, reopening is merited. See Allstate Ins. Co. v. Herron, 634 F.3d 1101, 1111 (9th 26 Cir. 2011) (noting “district court enjoys considerable discretion in granting or denying” a 27 motion to amend the judgment). 28 Accordingly, 1 IT IS ORDERED the Motion (Doc. 13) is GRANTED. The Clerk of Court shall || reopen this case. 3 IT IS FURTHER ORDERED plaintiff shall file the proof of service within three days of this order. 5 IT IS FURTHER ORDERED if no response to the complaint is filed by January 6|| 22, 2025, plaintiff shall apply for entry of default no later than January 24, 2025. Plaintiff shall file a motion for default judgment within seven days of the entry of defendant’s 8 || default. 9 Dated this 18th day of December, 2024. 10 i Vy f Vo “Hy fA G. / ,

Honorable Krissa M. Lanham 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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