Righthaven LLC v. Newman

Filing 11

ORDER Granting 10 Motion to Extend Time to Serve Foreign Defendants. Signed by Magistrate Judge Peggy A. Leen on 3/18/11. (Copies have been distributed pursuant to the NEF - ASB) (Main Document 11 replaced on 3/21/2011) (ASB).

1
2
3
4
5
6
7
8
9
10
11
12

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

13
14

UNITED STATES DISTRICT COURT

15

DISTRICT OF NEVADA

16
17
18

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)

19
20
21
22
23

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

24
25

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

26
27
28

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:

1

1.

1
2

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

copyright infringement against Defendant.

3

2.
3.

4

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

5

Mr. Newman, an individual in a foreign country, is permitted by:
6

“(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.”

7
8
9
10
11
12
13
14
15
16

3.

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

17
18

takes many weeks for such service.

19

///

20

///

21

///

22

///
23
24

///

25

///

26

///

27

///

28

2

1

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

2

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

3

serve the foreign Defendants with the initial process and pleading.

4
5

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

6
7

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]

8
9
10
11
12
13

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]

14
15
16
17
18
19

Attorneys for Plaintiff

20
21
22
23

IT IS SO ORDERED:

24
25

____________________________________
UNITED STATES MAGISTRATE JUDGE

26
27

March 18, 2011
DATED:____________________

28

3

1
2
3
4

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.

5
6
7

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

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4