Khan v. Colvin

Filing 10

ORDER Granting 9 Motion to Extend Time to Effect Service. Plaintiff shall file proof of service on or before 11/12/13. Signed by Magistrate Judge Peggy A. Leen on 11/5/13. (Copies have been distributed pursuant to the NEF - MMM)

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Paul S. Padda, Esq. (NV Bar 10417)
Email: [e-mail]
COHEN & PADDA, LLP
4240 West Flamingo Road, Suite 220
Las Vegas, Nevada 89103
Tele: [phone]
Fax: [phone]
Web: caplawyers.com

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Attorney for the Plaintiff
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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KHALID HASAN KHAN,

)
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Plaintiff,
) Case No. 2:13-cv-1173-GMN-PAL
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v.
)
)
CAROLYN W. COLVIN, Acting )
Commissioner, United States
)
Social Security Administration, )
)
Defendant.
)
___________________________ )
PLAINTIFF’S MOTION FOR EXTENSION OF TIME
TO EFFECT SERVICE OF COMPLAINT AND SUMMONS

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(First Request)
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Pursuant to Federal Rule of Civil Procedure 4(m), Plaintiff, Khalid Hasan Khan,

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respectfully requests that the Court extend the date for effecting service and filing proof

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thereof by 12 additional days or until November 12, 2013. Presently, service and proof

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of service are due on October 31, 2013.
In support of this motion, Plaintiff relies upon the memorandum of points and

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authorities set forth below.

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MEMORANDUM OF POINTS AND AUTHORITIES

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Federal Rule of Civil Procedure 4(m) provides that a defendant, within 120-days

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of the filing of a complaint initiating a civil action, be served with a copy of the complaint

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and summons. However, the rule further provides that a Court may extend this

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deadline for an appropriate period based upon a showing of “good cause.”

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In this case, Mr. Khan’s Complaint was filed on July 3, 2013. The 120-day

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period for service of the Complaint, as required by Federal Rule of Civil Procedure

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4(m), expires on October 31, 2013. Mr. Khan would have effected service earlier

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except Defendant made an appearance in this case on September 11, 2013.

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Subsequently, the parties engaged in discussions exploring the possibility of resolving

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this case. To that end, undersigned counsel agreed to another extension of time for

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Defendant to file an Answer. Defendant filed a second extension request on October

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25, 2013. The additional time will permit Defendant to compile agency records that will

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hopefully lead to resolution of this case.

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In light of the foregoing, specifically the discussion concerning resolution of this

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case, good cause exists to extend Plaintiff’s time for effecting service of the Complaint

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to and until November 12, 2013. Plaintiff respectfully requests that the Court grant this

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request.

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CONCLUSION
For the reasons set forth above, Plaintiff respectfully requests that the Court
grant this motion.

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Respectfully submitted,

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/s/ Paul S. Padda
____________________
Paul S. Padda, Esq.
COHEN & PADDA, LLP
4240 West Flamingo Rd., #220
Las Vegas, Nevada 89103
Tele: [phone]
Fax: [phone]
Web: caplawyers.com

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Attorney for the Plaintiff

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Dated: October 31, 2013

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IT IS SO ORDERED:

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Plaintiff’s time to effect service of the complaint,
as required by Federal Rule of Civil Procedure
4(m), is hereby extended by 12-days or until
November 12, 2013. On or before that date,
Plaintiff shall file proof of service.

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__________________________________
UNITED STATES MAGISTRATE JUDGE
5th
Dated: November ______, 2013

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CERTIFICATE OF SERVICE
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In compliance with the Court’s Local Rules, the undersigned hereby certifies that
on October 31, 2013, a copy of the foregoing document, “PLAINTIFF’S MOTION FOR
EXTENSION OF TIME TO EFFECT SERVICE OF COMPLAINT AND SUMMONS” was
served (via the Court’s CM/ECF system) upon counsel of record for Defendant.

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/s/ Paul S. Padda
____________________
Paul S. Padda, Esq.

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