Cornell v. Bonaventura et al

Filing 31

ORDER Granting 30 Motion to Extend Time Deadline for Service upon Defendant John Bonaventura. Signed by Magistrate Judge Nancy J. Koppe on 3/16/15. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:14-cv-01906-APG-NJK Document 30 Filed 03/13/15 Page 1 of 3

1
2
3
4

Paul S. Padda, Esq. (NV Bar #10417)
Email: [e-mail]
COHEN & PADDA, PLLC
4240 West Flamingo Road, Suite 220
Las Vegas, Nevada 89103
Tele: [phone]
Fax: [phone]
Web: caplawyers.com

5
Attorney for the Plaintiff
6

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

7
8
9

BRYAN CORNELL,
10
11
12
13
14
15
16

)
)
Plaintiff,
)
)
v.
) Case No. 2:14-cv-1906-APG-NJK
)
JOHN BONAVENTURA, individually )
and in his official capacity as Las Vegas )
Township Constable; et. al.,
)
)
Defendants.
)
___________________________________ )
PLAINTIFF’S MOTION TO EXTEND DEADLINE FOR SERVING
COMPLAINT UPON DEFENDANT JOHN BONAVENTURA

17
18

Pursuant to Federal Rule of Civil Procedure (“FRCP”) 6(b)(1)(A), Plaintiff respectfully

19

requests that the Court extend by 60-days, or until May 12, 2015, the time within which Plaintiff

20

must serve the Complaint (Pacer #1) upon Defendant John Bonaventura. Proof of service is

21

required to be filed with the Court on March 14, 2014. Plaintiff has already effected timely

22

service upon all other Defendants in this case.

23

In support of this motion, Plaintiff relies upon the memorandum of points and authorities

24

set forth below.

25

. . .

26

. . .

Case 2:14-cv-01906-APG-NJK Document 30 Filed 03/13/15 Page 2 of 3

MEMORANDUM OF POINTS AND AUTHORITIES

1
2

FRCP 4(m) requires that a party initiating litigation serve a defendant within “120 days

3

after the complaint is filed . . ..” Failure to do so may result in dismissal of the complaint, unless

4

“good cause” exists to extend the 120-day period. Id. Similarly, a party may seek an extension

5

of a deadline prior to its expiration pursuant to FRCP 6(b)(1)(A) upon the same standard of

6

“good cause.”

7

Here, “good cause” exists to extend the service deadline for serving Defendant John

8

Bonaventura with the Complaint and Summons. While Plaintiff has timely effected service upon

9

all other Defendants in this case (Pacer ##13-16), Defendant Bonaventura, despite best efforts by

10

Plaintiff, has not been served. As noted in the “affidavit of due diligence” filed with the Court

11

this same day, no less than five separate individuals have attempted to locate and effect service

12

upon Defendant Bonaventura. See Pacer #29. Ironically, while Defendant Bonaventura once

13

commanded an office that was in charge of effecting service of process upon members of the

14

general public, he appears to be evading service himself.

15

Plaintiff cannot serve Defendant Bonaventura within the current deadline of March 14,

16

2015. Accordingly, additional time is needed to locate him and effect proper service. While Mr.

17

Bonaventura has an attorney that has appeared in this case for him,1 thereby demonstrating that

18

Mr. Bonaventura is clearly aware of this lawsuit, he has made himself scarce. Any reasonable

19

person would conclude that this is clearly an effort to force Plaintiff to incur unnecessary costs

20

and to frustrate his efforts at prosecuting his claims. The Court should grant this request for

21

extension.

22

. . .

23

. . .

24
25
26

1

Pacer #26.
2

Case 2:14-cv-01906-APG-NJK Document 30 Filed 03/13/15 Page 3 of 3

1
2

CONCLUSION
Plaintiff, by and through counsel, respectfully requests that the Court grant this motion.

3

Respectfully submitted,

4

8

/s/ Paul S. Padda
__________________________
Paul S. Padda, Esq.
COHEN & PADDA, PLLC
4240 West Flamingo Road, Suite 220
Las Vegas, Nevada 89103
Tele: [phone]
Fax: [phone]
Web: caplawyers.com

9

Attorney for Plaintiff

5
6
7

10

Dated: March 13, 2015

11
IT IS SO ORDERED:
12
13
14
15

Plaintiff’s request to extend the 120-day deadline
required by FRCP 4(m) is hereby granted.
Plaintiff’s time to serve the Summons and
Complaint upon Defendant John Bonaventura is
hereby extended to and until May 12, 2015.
Proof of service shall be filed on or before that
date.

16
17

______________________________________
UNITED STATES MAGISTRATE JUDGE

18
DATED: ___________________
March 16, 2015
19
20
21
22

CERTIFICATE OF SERVICE
In compliance with the Court’s Local Rules, the undersigned hereby certifies that on
March 13, 2015, a copy of the foregoing document, “PLAINTIFF’S MOTION TO EXTEND
DEADLINE FOR SERVING COMPLAINT UPON DEFENDANT JOHN BONAVENTURA”
was served (via the Court’s CM/ECF system) upon counsel of record for Defendants.

23
/s/ Paul S. Padda
____________________
Paul S. Padda, Esq.

24
25
26

3