Las Vegas Metropolitan Police Department Health and Welfare Trust v. P&P Insurance Services, LLC et al

Filing 31

ORDER Granting 25 First Motion to Expedite Discovery and to Enlarge Time to Serve; Granting 29 Motion to Extend Time to serve defendants GIS, Michael Johnson, and Peter Rancke. Plaintiff shall have a 90 day extension to effect service. Signed by Magistrate Judge Peggy A. Leen on 8/15/2011. (Copies have been distributed pursuant to the NEF - DXS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LAS VEGAS METROPOLITAN POLICE
DEPARTMENT HEALTH AND WELFARE
TRUST,

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Plaintiff,
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vs.
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P&P INSURANCE SERVICES, LLC, et al.,
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Defendants. )
__________________________________________)

Case No. 2:11-cv-00734-RCJ-PAL
ORDER
(Mot Expedite Discovery - Dkt. #25)
(Request to Enlarge Time - Dkt. #29)

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Before the court is Plaintiff’s Motion for Expedited Discovery (Dkt. #25), and to Enlarge Time

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to Serve (Dkt. #29), which were filed as one document, but docketed as two separate motions because

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they request two separate forms of relief.

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Plaintiff requests an order allowing expedited discovery, specifically, to allow the Plaintiff Las

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Vegas Metropolitan Police Department Health and Welfare Trust (“the Metro Trust”) to subpoena the

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ownership records of the post office box of GIS in Phoenix, Arizona, prior to the Rule 26(f) conference.

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Plaintiff also seeks an order enlarging time to serve Defendants GIS, and individual Defendants

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Michael Johnson and Peter Ranke. The Complaint (Dkt. #1) in this case was filed May 9, 2011.

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Summons were issued and Defendants P&P Insurance Services, LLC and Tom Pomeroy filed a Motion

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to Dismiss (Dkt. #19) July 15, 2011. Defendant Tru Services, LLC filed an Answer/Crossclaim/Third-

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Party Complaint (Dkt. #20) June 27, 2011. The current motion, which is supported by the declaration

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of counsel for the Plaintiff indicates she has spoken with counsel for Defendants P&P, Pomeroy, and

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True Services, LLC, and advised them of her intention to file this motion, and received no objections.

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Expedited review is requested because the deadline to serve Defendants GIS, Johnson and/or Ranke

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will expire if the court allows the ordinary briefing period to expire before deciding the motion.

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The Plaintiff argues good cause exists to allow limited expedited discovery because the Plaintiff

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has been unable to locate Defendants GIS, Johnson and Ranke, and must subpoena the records for a

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post office box in Arizona which is believed to be owned by GIS. Good cause exists to enlarge time to

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serve these Defendants because the Plaintiff has been unable to locate and serve the Defendants despite

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the exercise of diligence.

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Having reviewed and considered the matter, and for good cause shown,

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IT IS ORDERED that:

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1.

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Plaintiff’s Motion for Expedited Discovery (Dkt. #25), to subpoena records of the post
office box of GIS located in Phoenix, Arizona is GRANTED.

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Plaintiff’s Request to Enlarge Time to Serve Defendants GIS, Johnson and Rancke (Dkt.

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#29) is GRANTED, and the Plaintiff shall have a 90-day extension to effect service

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upon GIS, Michael Johnson and Peter Ranke.

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Dated this 15th day of August, 2011.

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______________________________________
Peggy A. Leen
United States Magistrate Judge

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