Righthaven LLC v. Newman

Filing 10

First MOTION to Extend Time regarding discovery/nondispositive matter For Service of Foreign Individual re 9 Notice re 4m Dismissal, 3 Summons Issued, 7 Summons Issued by Plaintiff Righthaven LLC. Motion ripe 3/16/2011. (Pieroni, Anne)

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SHAWN A. MANGANO, ESQ.
Nevada Bar No. 6730
[e-mail]
SHAWN A. MANGANO, LTD.
9960 West Cheyenne Avenue, Suite 170
Las Vegas, Nevada 89129-7701
Tel.: [phone]
Fax: [phone]
ANNE E. PIERONI, ESQ.
Nevada Bar No. 9650
[e-mail]
Counsel at Righthaven LLC
RIGHTHAVEN LLC
9960 West Cheyenne Avenue, Suite 210
Las Vegas, Nevada 89129-7701
Tel.: [phone]
Fax: [phone]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RIGHTHAVEN LLC, a Nevada limitedliability company,

Case No.: 2:10-cv-01762-JCM-PAL
MOTION FOR EXTENSION OF TIME
TO SERVE FOREIGN DEFENDANTS
(First Request)

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Plaintiff,
v.
GARRY NEWMAN, an individual,
Defendant.

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Plaintiff, RIGHTHAVEN LLC (“Righthaven”), by and through undersigned counsel,

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files this Motion for Extension of Time to Serve Defendant, GARRY NEWMAN, a foreign
individual (“Mr. Newman” and/or “Defendant”) and in support thereof states:

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1.

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Plaintiff filed a Complaint (Docket No.: 1) on or about October 12, 2010, for

copyright infringement against Defendant.

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Defendant is located in Walsall, England.
Pursuant to Fed.R.Civ.Proc. 4(f), service of the initial process and pleading upon

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Mr. Newman, an individual in a foreign country, is permitted by:
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“(1) by any internationally agreed means of service that is reasonably calculated to give
notice, such as those authorized by the Hague Convention on the Service Abroad of
Judicial and Extrajudicial Documents;
(2) if there is no internationally agreed means, or if an international agreement allows but
does not specify other means, by a method that is reasonably calculated to give notice:
(A) as prescribed by the foreign country's law for service in that country in an
action in its courts of general jurisdiction;
(B) as the foreign authority directs in response to a letter rogatory or letter of
request; or
(C) unless prohibited by the foreign country's law, by:
(i) delivering a copy of the summons and of the complaint to the
individual personally; or
(ii) using any form of mail that the clerk addresses and sends to the
individual and that requires a signed receipt; or
(3) by other means not prohibited by international agreement, as the court orders.”

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Therefore, Plaintiff must serve Defendants through the Hague Convention, which

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takes many weeks for such service.

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WHEREFORE, for good cause shown, Plaintiff requests that this Court to grant its

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Motion for Extension of Time to Serve Defendants, and allow an additional 90 days in which to

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serve the foreign Defendants with the initial process and pleading.

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Dated this 16th day of March, 2011.
RIGHTHAVEN LLC

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By: /s/ Anne E. Pieroni
ANNE E. PIERONI, ESQ.
Nevada Bar No. 9650
[e-mail]
Counsel at Righthaven LLC
RIGHTHAVEN LLC
9960 West Cheyenne Avenue, Suite 210
Las Vegas, Nevada 89129-7701
Tel.: [phone]
Fax: [phone]

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SHAWN A. MANGANO, ESQ.
Nevada Bar No. 6730
[e-mail]
SHAWN A. MANGANO, LTD.
9960 West Cheyenne Avenue, Suite 170
Las Vegas, Nevada 89129-7701
Tel.: [phone]
Fax: [phone]

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Attorneys for Plaintiff

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IT IS SO ORDERED:

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____________________________________
UNITED STATES MAGISTRATE JUDGE

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DATED:____________________

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CERTIFICATE OF SERVICE
Pursuant to Federal Rule of Civil Procedure 5(b), I hereby certify that I am an employee
of Righthaven LLC and that on this 16th day of March, 2011, I caused MOTION FOR
EXTENSION OF TIME TO SERVE FOREIGN DEFENDANT (First Request) to be to be
served by the Court’s CM/ECF system.

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By: /s/ Anne E. Pieroni
An Employee of Righthaven LLC

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