Ledvina v. Eldorado Resorts Corporation et al

Filing 32

ORDER Granting Plaintiff's 31 Motion to Extend Time to File Proof of Service. Plaintiff shall have until 6/5/2015 in which to serve Mr. Taleghani. Signed by Magistrate Judge Peggy A. Leen on 4/21/2015. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHAVERATANA SUSIA LEDVINA,
Plaintiff,

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Case No. 2:14-cv-01414-RFB-PAL
ORDER

v.
(Mot Ext Time Serve – Dkt. #31)
ELDORADO RESORTS CORPORATION, et
al.,
Defendants.

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Before the court is Plaintiff’s Motion for Additional Time to File Proof of Service as to

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Defendant Dominic Taleghani; Memorandum of Points and Authorities; Declaration of Daniel R.

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Watkins, Esq. (Dkt. #31).

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Plaintiff seeks a forty-five day extension to serve Defendant Taleghani. The motion is

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supported by the affidavit of counsel, and an affidavit of due diligence establishing the efforts

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made to obtain service, in addition to requests for waiver of service of process. Having read and

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considered the matter, the court is satisfied that the Plaintiff has established good cause for the

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forty-five day extension requested. Counsel for the corporate Defendant is also representing the

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individual Defendants/employees in this case. It appears that Mr. Taleghani is an existing

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employee of the corporation. Counsel for Plaintiff represents that he has spoken with opposing

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counsel who agreed to contact Mr. Taleghani to determine if he would authorize counsel to

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accept service of the amended complaint on his behalf. Counsel for Plaintiff sent defense

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counsel a written waiver form on March 31, 2015, but at the time this motion was file, had not

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yet received a response as to whether or not the firm would accept service, or whether Plaintiff

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would need to continue to incur the expense of tracking and serving Mr. Taleghani.

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The court trusts that counsel for the Defendants will communicate to Mr.

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Taleghani his obligations under Fed. R. Civ. P. 4(d) and the consequence of a failure to waive

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service outlined in Rule 4(d)(2) which provides:

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If a Defendant located within the United States fails, without good cause, to sign a
return a waiver requested by a Plaintiff located within the United States, the court
must impose on the Defendant:

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A. The expense later incurred in making service; and

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B. The reasonable expenses, including attorney’s fees, of any motion
required to collect those service expenses.

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For good cause shown,
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IT IS ORDERED that Plaintiff’s Motion (Dkt. #31) is GRANTED and Plaintiff shall
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have until June 5, 2015, in which to serve Mr. Taleghani.
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DATED this 21st day of April, 2015.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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