United States of America et al v. Mohamed et al

Filing 7

ORDER Granting 5 Ex Parte Motion to Extend Time for Service of 5 Complaint. Plaintiff shall have until 12/14/16 to serve her complaint. Signed by Magistrate Judge George Foley, Jr. on 9/15/16. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 12 13 14 UNITED STATES OF AMERICA ex rel. SHIRLETTE SISTRUNK, Relatrix, ) ) ) and ) ) SHIRLETTE SISTRUNK, ) ) Plaintiffs, ) ) vs. ) ) AHMED H. MOHAMED, et al., ) ) Defendants. ) __________________________________________) ORDER This matter is before the Court on Plaintiff Shirlette Sistrunk’s Ex Parte Motion to Extend 15 16 Case No. 2:16-cv-01123-JCM-GWF Time for Service of Complaint (ECF No. 5), filed on September 13, 2016. 17 Plaintiff brings this motion pursuant to Rule 4(m) of the Federal Rules of Civil 18 Procedure—which governs the time limit of service— and requests an extension of time to serve her 19 complaint. The Court entered a Notice (ECF No. 3) on September 9, 2016 that advised Plaintiff of 20 the Court’s intent to dismiss this case for failure to file a proper proof of service as to all Defendants 21 in this case. However, this Notice was entered in error as this case was brought to this Court pursuant 22 to 31 U.S.C. § 3730(b)(2), which states, “The complaint shall be filed in camera, shall remain under 23 seal for at least 60 days, and shall not be served on the defendant until the court so orders.” The 24 Court recently entered an order unsealing the complaint and authorizing service. (See ECF No. 6). 25 As such, the Court will grant Plaintiff’s request and pursuant to Rule 4(m), will allow Plaintiff ninety 26 (90) days from the date of the Court’s Order (ECF No. 6) in which to serve Defendants. Accordingly, 27 ... 28 ... 1 IT IS HEREBY ORDERED that Plaintiff Shirlette Sistrunk’s Ex Parte Motion to Extend 2 Time for Service of Complaint (ECF No. 5) is granted. Plaintiff shall have until December 14, 2016 3 to serve her complaint. 4 DATED this 15th day of September, 2016. 5 6 7 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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