Whitt v. Richland Holdings, Inc., et al
ORDER Denying Plaintiff Scott Whitt's 51 Motion for Reconsideration. Plaintiff may file a motion to extend time for service on or before 3/19/2018. Signed by Judge Andrew P. Gordon on 3/7/2018. (Copies have been distributed pursuant to the NEF - SLD)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
SCOTT MICHAEL WHITT,
RICHLAND HOLDINGS, INC., et al.,
Case No. 2:17-cv-00014-APG-NJK
ORDER DENYING MOTION TO
RECONSIDER AND GRANTING
LEAVE TO FILE A MOTION TO
EXTEND TIME TO SERVE
(ECF No. 51)
Plaintiff Scott Whitt filed an amended complaint on October 13, 2017. ECF No. 29.
Service thus was due by January 11, 2018. Whitt had not filed proof of service as to defendant
Jerome Bowen by January 11, so the clerk of court issued a notice of intent to dismiss for failure
to file proof of service. ECF No. 45. Pursuant to that notice, proof of timely service was due
February 22, 2018. Id. Whitt did not file proof of service by February 22, so I dismissed the
action as to defendant Bowen without prejudice. ECF No. 49.
Whitt moves for reconsideration of that order. Whitt contends he served Bowen on
February 9, 2018 but failed to file proof of service until after the February 22 deadline. However,
service under Federal Rule of Civil Procedure 4(m) was due by January 11, not February 9. As
the notice of intent to dismiss advised Whitt, “[s]ervice on the party must have taken place prior
to the expiration of the time limit set forth in Fed.R.Civ.P. 4(m), or good cause must be shown as
to why such service was not made in that period.” ECF No. 45. Whitt offers no explanation for
why service was not accomplished by the January 11 deadline. I therefore deny the motion for
reconsideration. However, I grant Whitt leave to file a motion to extend time under Rule 4(m) if
he has a basis to do so.
IT IS THEREFORE ORDERED plaintiff Scott Whitt’s motion for reconsideration (ECF
No. 51) is DENIED.
IT IS FURTHER ORDERED that plaintiff Scott Whitt may file a motion to extend time
for service under Federal Rule of Civil Procedure 4(m) if he has a basis to do so. Any such
motion must be filed on or before March 19, 2018.
DATED this 7th day of March, 2018.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
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