1 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

MALIBU MEDIA, LLC, 

Plaintiff, 

v. 

JOHN DOE, 

Defendant. 

Case No. 14-14317 

SENIOR UNITED STATES DISTRICT 

JUDGE ARTHUR J. TARNOW

MAGISTRATE JUDGE MONA K.

MAJZOUB

 / 

ORDER GRANTING PLAINTIFF’S MOTION FOR EXTENSION OF TIME 

FOR SERVICE [6] AND TO SHOW CAUSE

 On November 18, 2014, the Court entered an Order Partially Granting 

Plaintiff’s Motion for Leave to File Third-Party Subpoena Prior to Rule 26(f) 

Conference [5]. The Court granted Plaintiff permission to “serve a subpoena 

pursuant to Rule 45 of the Federal Rules of Civil Procedure on John Doe, IP 

Address 98.209.105.239, through his or her ISP, Comcast Cable, to obtain the 

name, address, and Media Access Control address for John Doe.” The Court 

ordered Comcast to “reasonably attempt to identify John Doe” and to “produce the 

information sought to the Court, not the Plaintiff, ex parte and under seal.” In the 

2:14-cv-14317-AJT-MKM Doc # 7 Filed 03/11/15 Pg 1 of 4 Pg ID 40
2 

event Comcast was “unable to determine, to a reasonable degree of technical 

certainty, the identity of the user of the particular IP address,” the Court directed it 

to “so notify the Court and Plaintiff’s counsel.” 

 Comcast subsequently sent the Court a written response to its Order [5]. 

The response stated that “Comcast does not have sufficient information to identify 

this doe defendant.” 

 On March 11, 2015, Plaintiff filed a Motion to Extend Time for Service [6]. 

Plaintiff states that it expected to receive a response from Comcast on January 5, 

2015, but that it has never received a response despite repeated efforts to “follow 

up” with Comcast. Plaintiff also states that “Defendant’s true identity is known by 

their Internet service provider (“ISP”).” This suggests that despite the Court’s 

directions in its Order [5], Comcast did not notify Plaintiff’s counsel of its inability 

to determine the identity of the IP address’s user. Plaintiff asks the Court to extend 

the time for service at least forty-five days, or until April 24, 2015. 

 Federal Rule of Civil Procedure Rule 4(m) provides as follows: 

If a defendant is not served within 120 days after the complaint is 

filed, the court—on motion or on its own after notice to the plaintiff—

must dismiss the action without prejudice against that defendant or 

order that service be made within a specified time. But if the plaintiff 

shows good cause for the failure, the court must extend the time for 

service for an appropriate period. 

2:14-cv-14317-AJT-MKM Doc # 7 Filed 03/11/15 Pg 2 of 4 Pg ID 41
3 

FED. R. CIV. P. 4(m). Courts also have discretion to extend the time for service 

under Rule 4(m) even without a finding of good cause. See, e.g., Elec. Workers 

Local 58 Pension Trust Fund v. Rite Elec. Co., No. 10-CV-11815, 2010 WL 

4683883, at *2 (E.D. Mich. Nov. 10, 2010). 

 The Court need not decide if Plaintiff has shown good cause, since the 

circumstances warrant an exercise of the Court’s discretion to extend the time for 

service. However, within the extended time for service, Plaintiff must still abide 

by the restrictions imposed by the Court in its prior Order [5]. If Defendant has not 

been served by the end of the extended time for service, the Court will consider 

dismissing this action without prejudice pursuant to Rule 4(m). Accordingly, 

IT IS ORDERED that Plaintiff’s Motion to Extend Time for Service [6] is 

GRANTED. Service on Defendant will be considered timely if effected by April 

24, 2015. 

IT IS FURTHER ORDERED that if Plaintiff has not served Defendant by 

April 24, 2015, Plaintiff may submit a written response to the Court by May 1, 

2015, showing cause why the Court should not dismiss this action without 

prejudice pursuant to Federal Rule of Civil Procedure Rule 4(m). 

SO ORDERED. 

2:14-cv-14317-AJT-MKM Doc # 7 Filed 03/11/15 Pg 3 of 4 Pg ID 42
4 

s/Arthur J. Tarnow 

 Arthur J. Tarnow 

Dated: March 11, 2015 Senior United States District Judge 

2:14-cv-14317-AJT-MKM Doc # 7 Filed 03/11/15 Pg 4 of 4 Pg ID 43