Walls v. Corrections Corporation of America

Filing 7

ORDER that 6 Motion to Extend Deadline for Service of 1 Complaint is GRANTED. Plaintiff's time to serve the Summons and Complaint upon Defendant is hereby extended to and until June 2, 2015. Proof of service shall be filed on or before that date. Signed by Magistrate Judge Peggy A. Leen on 4/30/15. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:14-cv-02201-KJD-PAL Document 6 Filed 04/22/15 Page 1 of 3

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Paul S. Padda, Esq. (NV Bar No. 10417)
Email: [e-mail]
COHEN & PADDA, PLLC
4240 West Flamingo Road, Suite 220
Las Vegas, Nevada 89103
Tele: [phone]
Fax: [phone]
Web: caplawyers.com

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John P. Shannon, Esq. (NV Bar. No. 7906)
Email: [e-mail]
LAW OFFICE OF JOHN P. SHANNON, P.C.
4240 West Flamingo Road, Suite 220
Las Vegas, Nevada 89103
Tele: [phone]
Fax: [phone]

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Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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ALEXANDER WALLS,
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)
)
Plaintiff,
)
) Case No. 2:14-cv-2201-KJD-PAL
vs.
)
)
CORRECTIONS CORPORATION
)
OF AMERICA (d.b.a. Nevada Southern )
Detention Center),
)
)
Defendant.
)
)
___________________________________ )

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PLAINTIFF’S EX PARTE MOTION TO EXTEND
DEADLINE FOR SERVICE OF COMPLAINT

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

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requests that the Court extend by 40-days, or until June 2, 2015, the time within which Plaintiff

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must serve the Complaint (Pacer #1) upon Defendant Corrections Corporation of America

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(“CCA”). Proof of service is currently required to be filed with the Court on April 23, 2015.

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In support of this motion, Plaintiff relies upon the memorandum of points and authorities
set forth below.

Case 2:14-cv-02201-KJD-PAL Document 6 Filed 04/22/15 Page 2 of 3

MEMORANDUM OF POINTS AND AUTHORITIES

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

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

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

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

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“good cause.”

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

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the Complaint and Summons. Plaintiff, who is currently incarcerated in a federal penitentiary in

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Arizona, has limited ability to communicate with undersigned counsel. Undersigned counsel

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have made arrangements to speak with Plaintiff but will not be able to do so prior to the

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expiration of the current service deadline. Undersigned counsel do not wish to effectuate service

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of the Complaint until they have had an opportunity to fully communicate with Plaintiff

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regarding certain matters pertaining to his case that are of importance. By requesting a 40-day

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extension, undersigned counsel are hoping to avoid an additional request of this nature.

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In light of the foregoing, undersigned counsel respectfully urge the Court to find that

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good cause exists to grant Plaintiff’s request.

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Case 2:14-cv-02201-KJD-PAL Document 6 Filed 04/22/15 Page 3 of 3

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

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Respectfully submitted,

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/s/ Paul S. Padda
/s/ John P. Shannon
__________________________
Paul S. Padda, Esq.
John P. Shannon, Esq.

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Attorneys for Plaintiff

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Dated: April 22, 2015

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IT IS SO ORDERED:
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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 is hereby extended to
and until June 2, 2015. Proof of service shall be
filed on or before that date.

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______________________________________
UNITED STATES MAGISTRATE JUDGE
April 30, 2015
DATED: ___________________

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