Moore v. Svehlak et al
MEMORANDUM AND ORDER re Complaint Service. Signed by Judge Marvin J. Garbis on 6/14/2016. (jnls, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
UNITED STATES OF AMERICA
ex rel. Charles E. Moore
ROBERT S. SVEHLAK,
CIVIL ACTION NO. MJG-12-2093
MEMORANDUM AND ORDER RE: COMPLAINT SERVICE
The Court has before it the Motion for Extension of Time to
Serve Complaint [ECF No. 29].
Although the original Relator
filing the action was Charles E. Moore, it appears that, in or
about June 2015, all claims presented by Mr. Moore in the
instant case have been assigned to Jason Rheinstein, Esquire
("Rheinstein"), counsel of record for the Relator in the instant
The instant motion is the fifth such motion filed by the
Relator or his transferee.
A series of Orders have extended the
date for Relator to effect service from March 17, 2015 to June
Rheinstein states in the current motion that he needs
a response to a Freedom of Information Act Request – filed in
October 2015 – to decide whether to pursue the instant case.
has not provided the Court with a copy of the request or
described its contents.
He further states that no party will be
prejudiced by the extension.
The Court finds it inappropriate to grant the extension
requested without affording the Defendants the opportunity to
address the motion.
At least since May 21, 2015, the existence
of the instant lawsuit has been on the public record.
See In Re
Charles E. Moore, Case No. 13-12841 – NVA, (B.Ct. D. Md.) ECF
#151 and the Creditor Mailing Matrix identifying at least two
defendants to received notice of the document.
Order of August 5, 2014, this Court granted the Government leave
to disclose the Complaint to one or more of the defendants.
The Court finds no reason why the Defendants should not be
provided a copy of this Order and given the opportunity to
The date for Relator/Rheinstein to effect service
upon the Defendants is extended to July 29, 2016.
Any motion seeking a further extension shall
be filed by July 15, 20161 and shall be
served upon every Defendant.
Relator/Rheinstein shall mail all Defendants a
copy of this Order by June 20, 2016 and file a
statement confirming that the mailing was done by
June 24, 2016.
Relator’s practice of filing motions to extend shortly
before the due date shall not continue.
Any Defendant may respond to the instant Motion
for Extension of Time to Serve Complaint [ECF No.
29] by July 8, 2016.
By June 27, 2016, Relator/Rheinstein shall file
under seal a full copy of the Freedom of
Information Act request referenced in paragraph
13 of the instant motion.
SO ORDERED, on Tuesday, June 14, 2016.
Marvin J. Garbis
United States District Judge
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