Khan v. Colvin

Filing 13

ORDER Granting 11 Motion to Extend Time. Plaintiff's time to file proof of service of having effected service of the summons and complaint is hereby extended by one day, or until November 13, 2013. Signed by Magistrate Judge Peggy A. Leen on 11/15/13. (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 FILE PROOF OF SERVICE 15 16 (Second 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 filing proof of having effected 20 service of the summons and complaint by one additional day or until November 13, 21 2013. By Court Order dated November 5, 2013, service and proof of service were due 22 on November 12, 2013. In support of this motion, Plaintiff relies upon the memorandum of points and 23 24 authorities set forth below. 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.” In this case, the Court, by Order dated November 5, 2013,1 extended Plaintiff’s 6 7 time for effecting service of the summons and complaint, and filing proof thereof, to and 8 until November 12, 2013. Plaintiff timely effected service on November 12, 2013 in 9 compliance with the Court’s Order. However, undersigned counsel was not able to file 10 proof by the November 12, 2013 deadline due to computer and scanning issues. 11 Those issues having been resolved, undersigned counsel will file proof of service this 12 same day, November 13, 2013, but the proof will be untimely per the November 5, 2013 13 Order. Accordingly, undersigned counsel respectfully requests that the Court grant this 14 motion to permit Plaintiff to file the appropriate proof of service on November 13, 2013. 15 Undersigned counsel apologizes to the Court for any inconvenience occasioned by this 16 request. 17 . . . 18 . . . 19 . . . 20 . . . 21 . . . 22 . . . 23 . . . 24 25 26 1 Pacer #10. 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: November 13, 2013 12 IT IS SO ORDERED: 13 Plaintiff’s time to file proof of service of having effected service of the summons and complaint is hereby extended by one day, or until November 13, 2013. 14 15 16 17 __________________________________ UNITED STATES MAGISTRATE JUDGE 15 Dated: November ______, 2013 18 19 CERTIFICATE OF SERVICE 20 21 22 In compliance with the Court’s Local Rules, the undersigned hereby certifies that on November 13, 2013, a copy of the foregoing document, “PLAINTIFF’S MOTION FOR EXTENSION OF TIME TO FILE PROOF OF SERVICE” 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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