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

Filing 9

ORDER Granting 8 Motion to Extend Time for Service. Status Report due by 8/13/2014. Signed by Magistrate Judge Nancy J. Koppe on 3/5/2014. (Copies have been distributed pursuant to the NEF - SLR)

Case 2:13-cv-01520-JAD-NJK Document 8 Filed 02/13/14 Page 1 of 8

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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 WOODBURY & LITTLE
3800 Howard Hughes Pkwy., #1600
Las Vegas, Nevada 89169
Telephone:
[phone]
Facsimile:
[phone]

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Jolley Urga Woodbury & Little

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
ORDER GRANTING

Plaintiffs,
vs.

REQUEST TO ENLARGE TIME FOR
SERVICE

GALYFORD (HK) LIMITED, a Chinese
Company,

(Second Request)

Defendant.

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

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attorneys of record, Jolley Urga Woodbury & Little, hereby notify the Court of the status of

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service of the complaint in the above matter.

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Plaintiffs filed this action on August 22, 2013. (Doc. No. 1.) Plaintiffs then attempted,

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unsuccessfully, to effectuate service on Defendant pursuant to Fed. R. Civ. P. 4(f)(1) and the

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Hague Convention on Service Abroad of Judicial and Extrajudicial Documents (hereinafter the
“Hague Convention”). Although aware that the 120-day service limit of Rule 4(m) does not

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apply to service in a foreign country under Rule 4(f), Plaintiffs deemed it prudent to advise the

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Court of the status of service and filed a request to enlarge time for service. (Doc. No. 6.) The
principal purpose of the request was to inform the Court and make a record of the problems with
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Case 2:13-cv-01520-JAD-NJK Document 8 Filed 02/13/14 Page 2 of 8

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serving the Defendant since at some point Plaintiffs will be seeking a default. The request
attached a letter from the Chinese Ministry of Justice (the “Ministry”) refusing to effectuate
service. (Id. at Ex. 1.) This Court granted an order providing until February 13, 2014 to effect

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service. (Doc. No. 7.)

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The process of investigating the reasons proffered by the Ministry for refusing to

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effectuate service was somewhat complex. It involved re-evaluating the complaint filed in this

Jolley Urga Woodbury & Little

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

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action and comparing it with its counterpart version translated into Chinese. After finding that

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the documents presented to the Ministry were proper, Plaintiffs sent the documents back to the

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Ministry again asking it to effect service. (See Letter dated January 9, 2014 to Ministry, attached

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hereto as Ex. 1.) To Plaintiffs’ knowledge, the Ministry has not effected service as of the date of

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this filing.1

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Plaintiffs request that the Court set a status check for August 13, 2014 regarding service
and, to the extent the Court deems appropriate, that the time to serve be extended to that date.

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Dated this 13th day of February 2013.

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JOLLEY URGA WOODBURY & LITTLE
ORDER
IT IS SO ORDERED.
DATE: 3/5/2014

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__________________________
United States Magistrate 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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Plaintiffs encountered similar difficulties in serving Galyford’s alter ego, Ningbo Xingqiang
Metallic Products Co. Ltd. (“Ningbo”), in the companion case of Cooper, et al v. Ningbo, 2:12cv-00698-JCM-GWF. The Ministry tendered one excuse after another in refusing to serve,
finally effecting service after 11 months.
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