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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1 2 3 4 Paul S. Padda, Esq. (NV Bar 10417) Email: ppadda@caplawyers.com COHEN & PADDA, LLP 4240 West Flamingo Road, Suite 220 Las Vegas, Nevada 89103 Tele: (702) 366-1888 Fax: (702) 366-1940 Web: caplawyers.com 5 Attorney for the Plaintiff 6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7 8 9 10 11 12 13 14 KHALID HASAN KHAN, ) ) Plaintiff, ) Case No. 2:13-cv-1173-GMN-PAL ) 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 15 16 (First Request) 17 Pursuant to Federal Rule of Civil Procedure 4(m), Plaintiff, Khalid Hasan Khan, 18 19 respectfully requests that the Court extend the date for effecting service and filing proof 20 thereof by 12 additional days or until November 12, 2013. Presently, service and proof 21 of service are due on October 31, 2013. In support of this motion, Plaintiff relies upon the memorandum of points and 22 23 authorities set forth below. 24 . . . 25 . . . 26 . . . MEMORANDUM OF POINTS AND AUTHORITIES 1 2 Federal Rule of Civil Procedure 4(m) provides that a defendant, within 120-days 3 of the filing of a complaint initiating a civil action, be served with a copy of the complaint 4 and summons. However, the rule further provides that a Court may extend this 5 deadline for an appropriate period based upon a showing of “good cause.” 6 In this case, Mr. Khan’s Complaint was filed on July 3, 2013. The 120-day 7 period for service of the Complaint, as required by Federal Rule of Civil Procedure 8 4(m), expires on October 31, 2013. Mr. Khan would have effected service earlier 9 except Defendant made an appearance in this case on September 11, 2013. 10 Subsequently, the parties engaged in discussions exploring the possibility of resolving 11 this case. To that end, undersigned counsel agreed to another extension of time for 12 Defendant to file an Answer. Defendant filed a second extension request on October 13 25, 2013. The additional time will permit Defendant to compile agency records that will 14 hopefully lead to resolution of this case. 15 In light of the foregoing, specifically the discussion concerning resolution of this 16 case, good cause exists to extend Plaintiff’s time for effecting service of the Complaint 17 to and until November 12, 2013. Plaintiff respectfully requests that the Court grant this 18 request. 19 . . . 20 . . . 21 . . . 22 . . . 23 . . . 24 . . . 25 . . . 26 2 1 2 3 CONCLUSION For the reasons set forth above, Plaintiff respectfully requests that the Court grant this motion. 4 Respectfully submitted, 5 /s/ Paul S. Padda ____________________ Paul S. Padda, Esq. COHEN & PADDA, LLP 4240 West Flamingo Rd., #220 Las Vegas, Nevada 89103 Tele: (702) 366-1888 Fax: (702) 366-1940 Web: caplawyers.com 6 7 8 9 10 Attorney for the Plaintiff 11 Dated: October 31, 2013 12 IT IS SO ORDERED: 13 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. 14 15 16 17 18 __________________________________ UNITED STATES MAGISTRATE JUDGE 5th Dated: November ______, 2013 19 CERTIFICATE OF SERVICE 20 21 22 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. 23 /s/ Paul S. Padda ____________________ Paul S. Padda, Esq. 24 25 26 3

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