Arrand v. Commissioner of Social Security

Filing 7

ORDER Granting 5 Motion to Extend Time. IT IS FURTHER ORDERED that the deadline to effect service of process is extended up to and including 12/1/16. Signed by Magistrate Judge Cam Ferenbach on 10/17/16. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ANDREW ARRAND,
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Plaintiff,
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vs.
COMMISSIONER OF SOCIAL SECURITY,

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Defendant.

2:16-CV-01293-RFB-VCF
ORDER
[Ex-Parte Request for Extension of Time ECF
No. 5]

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Before the court is Plaintiff’s Request for Extension of Time. (ECF No. 5). Plaintiff filed a

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Complaint against the Commissioner of Social Security to appeal the denial of his benefits request. (ECF

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No. 1). Plaintiff seeks to extend the time to effectuate service under Federal Rule of Civil Procedure 4(m).

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Id.

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Fed. R. Civ. P. 4(m) requires a defendant to be served within 90 days after the complaint is filed.

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If “the plaintiff shows good cause for the failure [to serve a defendant within that time-frame], the court

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must extend the time for service for an appropriate period.” Fed. R. Civ. P. 4(m).

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Plaintiff must effectuate service on the Commissioner of Social Security by September 8, 2016.

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Fed. R. Civ. P. 4(m). Plaintiff states that a miscommunication occurred between the parties which resulted

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in a Summons not being issued and the Summons and Complaint not being sent to the process server for

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execution. (ECF No. 5 at 3).

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Plaintiff asserts that an additional 30 days is required to effect service and asks this court to extend
the 4(m) deadline. Id.

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Given that Plaintiff has demonstrated “good cause” for its failure to effectuate service and has

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provided support for its request for an extension, the court will extend the 4(m) deadline until December

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1, 2016. See Fed. R. Civ. P. 4(m).

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Accordingly, and for good cause shown,

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IT IS HEREBY ORDERED that Plaintiff’s Motion to Extend time (ECF No. 5) is GRANTED.

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IT IS FURTHER ORDERED that the deadline to effect service of process is extended up to and

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including December 1, 2016.
DATED this 17th day of October, 2016.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE