Godwin v. Senior Garden Apartments et al

Filing 63

ORDERED that the Clerk of the Court must forward the USM-285 forms received (including ECF Nos. 57 and 58 ) and the summonses that have been issued (ECF No. 62 ) to the U.S. Marshal for service upon Defendants. It is further ordered that the Clerk will also send sufficient copies of the Third Amended Complaint (ECF No. 34 ) and this Order to the U.S. Marshal for service on the Defendants. It is further ordered that within 20 days after receiving from the U.S. Marshal a copy of the USM-285 forms showing whether service has been accomplished, Plaintiff must file a notice with the Court identifying which Defendant(s) were served and which were not served, if any. (See pdf order for additional specifics.) Signed by Chief Judge Miranda M. Du on 7/9/2020. (Copies have been distributed pursuant to the NEF - DRM)

Case 2:17-cv-02178-MMD-DJA Document 63 Filed 07/09/20 Page 1 of 2
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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VICTORIA JOY GODWIN,

Case No. 2:17-cv-02178-MMD-DJA
Plaintiff,

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ORDER

v.
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SENIOR GARDEN APARTMENTS, et al.,
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Defendants.
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In addition to the Court’s directives in its order accepting and adopting the Report

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and Recommendation (“R&R”) of Magistrate Judge Daniel J. Albregts concerning Plaintiff

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Victoria Joy Godwin’s Third Amended Complaint (“TAC”) (ECF Nos. 36, 42), the Court

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further orders as follows:

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It is ordered that the Clerk of the Court must forward the USM-285 forms received

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(including ECF Nos. 57 and 58) and the summonses that have been issued (ECF No. 62)

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to the U.S. Marshal for service upon Defendants.

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It is further ordered that the Clerk will also send sufficient copies of the TAC (ECF
No. 34) and this Order to the U.S. Marshal for service on the Defendants.

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It is further ordered that within 20 days after receiving from the U.S. Marshal a copy

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of the USM-285 forms showing whether service has been accomplished, Plaintiff must file

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a notice with the Court identifying which Defendant(s) were served and which were not

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served, if any. If Plaintiff wishes to have service again attempted on an unserved

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Defendant(s), then a motion must be filed with the Court identifying the unserved

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Defendant(s) and specifying a more detailed name and/or address for said Defendant(s),

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or whether some other manner of service should be attempted.

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Plaintiff is reminded that under Federal Rule of Civil Procedure 4(m), service must

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be completed within 90 days of the date of this Order. If Plaintiff requires additional time

Case 2:17-cv-02178-MMD-DJA Document 63 Filed 07/09/20 Page 2 of 2
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to meet any of the deadlines set by the Court, she must file a motion for extension of time

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under Local Rule 1A 6-1 that is supported by a showing of good cause. A motion filed after

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a deadline set by the Court or applicable rules will be denied absent a showing of

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excusable neglect.

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Once a Defendant is served, Plaintiff must serve a copy of every pleading or other

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document submitted for consideration by the Court upon the Defendant or, if an

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appearance has been entered by counsel, upon the attorney. Plaintiff must include with

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the original of each document to be filed with the Court a certificate stating that a true and

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correct copy of the document was served on the Defendant, or counsel, if the Defendant

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has an attorney. Under Local Rule 5-1 the proof of service must show the day and manner

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of service and the name of each person served. The Court may disregard any paper

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received which has not been filed with the Clerk, or that fails to include a certificate of

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service.

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DATED THIS 9th day of July 2020.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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