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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

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UNITED STATES DISTRICT COURT
9 ________ DISTRICT OF _____________

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11 Any Plaintiff, ) Case No.


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12 Plaintiff, )
OPPOSITION TO MOTION TO DISMISS
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COMPLAINT; MEMORANDUM OF POINTS AND
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AUTHORITIES; DECLARATION OF _________;
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EXHIBITS
14 Any Defendant, and DOES 1-5 )
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Defendants. ) DATE:
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) TIME:
) PLACE
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OPPOSITION TO MOTION TO DISMISS COMPLAINT
1 TO DEFENDANT ______________________AND THEIR ATTORNEYS OF RECORD:
2 Plaintiff, ____________ (Plaintiff), hereby submits their opposition to the Motion of
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Defendant, (Defendant), for dismissal of Plaintiffs Complaint under Rule 4(m) of the Federal
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Rules of Civil Procedure. This opposition is made due to the fact that Defendant was served with the
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Summons and Complaint on ______, and further, that counsel for Plaintiff, has now ascertained the

7 current addresses for Defendants, __________, and ____________, and on ___________ submitted

8 two copies of the summons and complaint to ________ for service on both Defendants as more fully
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set forth in the declaration of __________ and Exhibits attached thereto, which are attached hereto
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and incorporated herein by reference.
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This opposition is further made based on the fact that good cause has been shown for
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13 Plaintiffs failure to timely effect service on Defendants.

14 This opposition is based upon this Opposition to Motion, the Memorandum of Points and
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Authorities, and the declaration of _____________ and Exhibits attached thereto, along with all
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pleadings and papers on file in this action, and on any arguments made at the hearing of the Motion.
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Dated_________________________ _______________________________________
19 Any Attorney or Party

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OPPOSITION TO MOTION TO DISMISS COMPLAINT
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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Plaintiff, _______________, (Plaintiff), filed their complaint in the United States District
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Court, __________ District of __________ on ________ .

7 On __________, Defendant _______________ (Defendant) was served with a copy of the

8 summons and complaint. And on ________, proof of service of the summons and complaint on
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_______ was filed with the Court. A true and correct copy of said proof of service is attached as
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Exhibit 1 to the declaration of ______________ attached hereto and incorporated herein by
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reference.
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13 On ___ counsel for plaintiff after ___ attempts to serve Defendants___ and ____, ascertained

14 the current addresses for Defendants and on ___________ submitted two copies of the summons and
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complaint to ________ for service on both Defendants as more fully set forth in the declaration of
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__________ and Exhibits attached thereto, which are attached hereto and incorporated herein by
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reference.
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19 Plaintiff contends that the Court should not grant the Motion to Dismiss because good cause

20 has been shown for the failure to timely effect service as shown by the declaration of __________
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and Exhibits attached thereto, which is attached hereto and incorporated herein by reference.
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opposition-to-rule-4m-motion-to-dismiss-for-united-states-
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OPPOSITION TO MOTION TO DISMISS COMPLAINT
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OPPOSITION TO MOTION TO DISMISS COMPLAINT