Piovo v. Stone et al

Filing 133

ORDER Denying 108 Motion to Quash Service. Signed by Magistrate Judge George Foley, Jr on 10/3/2014. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOSEPH EUGENE PIOVO, Individually and as
Beneficiary of Vice Roy United Nations Credit
and Commerce International Blind Trust,

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Plaintiff,
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vs.
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ROBERT STONE, et al.,
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Defendants.
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__________________________________________)

Case No. 2:13-cv-01922-APG-GWF
ORDER
Motion to Quash (#108)

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This matter comes before the Court on Defendant Ronald A. Colquitt’s Motion to Quash
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Service and to Dismiss Complaint Pursuant to FRCP 4(m) and FRCP 12(b)(5) (#108) filed on
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September 2, 2014.
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DISCUSSION
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Federal Rule of Civil Procedure 4(m) provides that,
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[i]f a defendant is not served within 120 days after the complaint is
filed, the court - on motion or on its own after notice to the plaintiff must dismiss the action without prejudice against that defendant or
order that service be made within a specified time. But if the plaintiff
shows good cause for the failure, the court must extend the time for
service for an appropriate period.

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FRCP 4(m).

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Defendant Colquitt was first named in the Amended First Complaint (#60), filed on March

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28, 2014. The First Amended Complaint was stricken on April 10, 2014 because it was filed

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without leave of the court. The Plaintiff filed a Second Amended Complaint (#74) on May 27,

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...

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2014. This started the service period as to Defendant Colquitt. Defendant Colquitt was served on

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August 7, 2014, before the service period expired. Accordingly,

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IT IS HEREBY ORDERED that Defendants’s Motion to Quash Service (#108) is denied.

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DATED this 3rd day of October, 2014.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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