Turner v. Nozero et al

Filing 18

ORDER Granting 16 Motion to Have Power Services Re-Served. The Clerk shall deliver a Summons directed to Power Services, Plaintiff's Complaint, and a copy of 8 the Screening Order to the USMS. Clerk shall provide plaintiff with a form USM-2 85. Plaintiff shall have 20 days to furnish the USM with the required form USM-285. Plaintiff shall have until 2/21/12 in which to serve Defendant Power Services. Signed by Magistrate Judge Peggy A. Leen on 12/19/11. (Copies have been distributed pursuant to the NEF; USM 285 to plaintiff - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANNETTE L. TURNER,

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Plaintiff,
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vs.
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POWER SERVICES,
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Defendant.
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__________________________________________)

Case No. 2:11-cv-00190-PMP-PAL
ORDER
(Mtn to Re-serve - Dkt. #16)

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This matter is before the court on Plaintiff Annette L. Turner’s Motion to Have Power Services

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Re-served (Dkt. #16). Plaintiff states that on September 20, 2011, she submitted a USM Form 285 to

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the United States Marshal’s Service (“USMS”) to effect service on Defendant Power Services as

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instructed in the court’s previous Orders (Dkt. ##8, 14). The USMS advised Plaintiff that it made two

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attempts to serve Defendant at the address provided by Plaintiff without success. See Return of Service

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(Dkt. #15) (noting that on September 23, 2011, Defendant’s office was closed, and on September 29,

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2011, Defendant’s office appeared vacant). Since that time, Plaintiff has discovered where Defendant

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relocated its offices. She requests an additional opportunity to serve Defendant at its current address.

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While this matter was under submission, the 120-day period prescribed by Rule 4(m) in which Plaintiff

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was required to serve the Complaint and summons expired. Therefore, the court will grant Plaintiff an

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additional sixty days in which to effect service of process.

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For good cause shown,

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IT IS ORDERED:

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1.

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Plaintiff’s Motion to Re-serve (Dkt. #16) is GRANTED.

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2.

The Clerk shall deliver a Summons directed to Defendant Power Services at the address

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listed in the Motion to Re-serve (Dkt. #16), Plaintiff’s Complaint, and a copy of the

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Screening Order (Dkt. #8) to the USMS.

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3.

The Clerk of Court shall provide Plaintiff with a Form USM-285.

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4.

Plaintiff shall have twenty days in which to furnish the U.S. Marshal with the required

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Form USM-285.
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Within twenty days after receiving from the U.S. Marshal a copy of the Form USM-285,

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showing whether service has been accomplished, Plaintiff must file a notice with the

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court identifying whether Defendant Power Services was served.

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6.

If Plaintiff wishes to have service again attempted on an unserved defendant, a motion

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must be filed with the court identifying the unserved defendant and specifying a more

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detailed name and/or address for said defendant, or whether some other manner of

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service should be attempted.

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7.

As the time for service pursuant to Rule 4(m) of the Federal Rules of Civil Procedure

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has already expired, Plaintiff shall have until February 21, 2012, in which to serve

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Defendant Power Services. Failure to comply with this Order will result in a

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recommendation to the District Judge that this case be dismissed.

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Dated this 19th day of December, 2011.

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________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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