Garden Meadow, Inc. v. Galyford (HK) Limited

Filing 7

ORDER Granting 6 Plaintiffs' Motion Enlarge Time for Service re 1 Complaint. Proof of service due by 2/13/2014. Signed by Judge Jennifer A. Dorsey on 12/30/2013. (Copies have been distributed pursuant to the NEF - AC)

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L. CHRISTOPHER ROSE, ESQ.
Nevada Bar No. 7500
Email: [e-mail]
TYLER N. URE, ESQ.
Nevada Bar No. 11730
Email: [e-mail]
JOLLEY URGA WIRTH & WOODBURY
3800 Howard Hughes Pkwy., #1600
Las Vegas, Nevada 89169
Telephone:
[phone]
Facsimile:
[phone]

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Jolley Urga Wirth & Woodbury

3800 HOWARD HUGHES PARKWAY, SUITE 1600, LAS VEGAS, NV 89169
TELEPHONE: [phone] FAX: [phone]

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Attorneys for Plaintiffs Sandy Cooper
and Garden Meadow, Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SANDY COOPER, an individual, GARDEN
MEADOW, INC., a Connecticut Corporation,

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Case No. 2:13-cv-01520-JAD-NJK

Plaintiffs,
REQUEST TO ENLARGE TIME FOR
SERVICE

vs.
GALYFORD (HK) LIMITED, a Chinese
Company,
Defendant.

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Plaintiffs Sandy Cooper and Garden Meadow (“Plaintiffs”), by and through their

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attorneys of record, Jolley Urga Wirth & Woodbury, hereby submit this request to enlarge time

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for service.

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Plaintiffs filed this action on August 22, 2013. Since then, Plaintiffs have attempted to

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effectuate service on Defendant Pursuant to Fed. R. Civ. P. 4(f)(1) and the Hague Convention on

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Service Abroad of Judicial and Extrajudicial Documents (hereinafter the “Hague Convention”).
Even though Plaintiffs properly served process in this action pursuant to the Hague Convention,
the Chinese Ministry of Justice (the “Ministry”) refused to effectuate service and returned

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Plaintiffs’ documents. The return of the documents was accompanied by a letter from the
Ministry claiming that they could not serve the documents because the “Chinese translation
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K:\LCR\Garden Meadow 11531\Galyford 26001\Pleadings\_Drafts\13-12-19 Request to Enlarge Time for Service.doc

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doesn’t match with the original documents.” See Letter attached hereto as Exhibit 1. Rather
than actually comparing the text of the original and its translation, the Ministry appears to be
relying on the fact that the Chinese translation had more pages than the original as a basis for its

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rejection.

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Jolley Urga Wirth & Woodbury

3800 HOWARD HUGHES PARKWAY, SUITE 1600, LAS VEGAS, NV 89169
TELEPHONE: [phone] FAX: [phone]

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Plaintiffs encountered similar difficulties in serving Galyford’s alter ego, Ningbo
Xingqiang Metallic Products Co. Ltd. (“Ningbo”) in this case’s companion case Cooper, et al v.
Ningbo, 2:12-cv-00698-JCM-GWF. Despite numerous attempts to serve the defendant in that
case, the Ministry refused to serve process, each time claiming there was a defect in the papers,

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such as not being able to find the name and address in of the defendant (despite the fact that the

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information was conspicuous in a number of places in the documents.) In fact, it took eleven

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months and multiple attempts before the Ministry served Ningbo in that action.

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Anticipating further difficulties in serving process pursuant to the Hague Convention,

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Plaintiffs respectfully request that the time for service be extended to February 13, 2014.

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Although Plaintiffs are aware that the Fed. R. Civ. P. 4(m) 120-day limitation on service does

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not apply to service pursuant to Hague Convention and Fed. R. Civ. P. 4(f), Plaintiffs are seeking

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to preserve their rights to serve Galyford by alternative means. Further, it is Plaintiffs’ desire to

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also inform this Court of its diligent efforts to serve process in this case and that, based on their

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prior experiences, it anticipates difficulties in serving Galyford.

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Dated this 19th day of December 2013.

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JOLLEY URGA WIRTH & WOODBURY
ORDER
IT IS SO ORDERED.
Date: 12/30/2013

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__________________________
UNITED STATES DISTRICT JUDGE

By: /s/ Tyler N. Ure
L. CHRISTOPHER ROSE, ESQ.
Nevada Bar No. 7500
TYLER N. URE. ESQ.
Nevada Bar No. 11730
3800 Howard Hughes Pkwy, Suite 1600
Las Vegas, Nevada 89169
Telephone No. [phone]
Facsimile No. [phone]
Attorneys for Plaintiff Sandy Cooper
and Garden Meadow, Inc.
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K:\LCR\Garden Meadow 11531\Galyford 26001\Pleadings\_Drafts\13-12-19 Request to Enlarge Time for Service.doc

EXHIBIT “1”