Capital One, National Association v. KK Real Estate Investment Fund, LLC et al
Filing
9
ORDER Granting 6 Motion to Extend Time. See Order for deadlines. Signed by Judge Richard F. Boulware, II on 1/22/2018. (Copies have been distributed pursuant to the NEF - ADR)
1
2
3
4
5
6
7
8
9
10
Abran E. Vigil
Nevada Bar No. 7548
BALLARD SPAHR LLP
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106
Telephone: (702) 471-7000
Facsimile: (702) 471-7070
vigila@ballardspahr.com
Matthew D. Lamb
Nevada Bar No. 12991
BALLARD SPAHR LLP
1909 K Street NW, 12th Floor
Washington, D.C. 20006
Telephone: (202) 661-2200
Facsimile: (202) 661-2299
lambm@ballardspahr.com
Attorneys for Plaintiff
(702) 471-7000 FAX (702) 471-7070
UNITED STATES DISTRICT COURT
12
LAS VEGAS, NEVADA 89106
BALLARD SPAHR LLP
100 NORTH CITY PARKWAY, SUITE 1750
11
DISTRICT OF NEVADA
13
14
CAPITAL ONE, NATIONAL
ASSOCIATION, a national banking
association,
15
Plaintiff,
Case No. 2:17-cv-02493-RFB-VCF
MOTION TO EXTEND DEADLINE
FOR SERVICE OF PROCESS
16
vs.
17
KK REAL ESTATE INVESTMENT
FUND, LLC, a Nevada limited liability
company; and TURNBERRY TOWERS
EAST UNIT OWNERS ASSOCIATION, a
Nevada non-profit corporation;
18
19
20
Defendants.
21
22
Pursuant to Fed. R. Civ. P. 4(m), plaintiff Capital One, National Association
23
(“Capital One”) moves to extend the deadline to effect service of process in this case
24
from December 26, 2017 to January 25, 2018.
25
MEMORANDUM OF POINTS AND AUTHORITIES
26
Plaintiff Capital One filed this action against defendants KK Real Estate
27
Investment Fund, LLC (“KKRE”) and Turnberry Towers East Unit Owners
28
Association (“Turnberry”) on September 26, 2017. Pursuant to Fed. R. Civ. P. 4(m)
DMWEST #17339543 v1
1
and 6(a)(1)(C), the current deadline for Capital One to effect service of process on
2
KKRE and Turnberry is December 26, 2017.
3
deadline by thirty days to January 25, 2017.
Good cause exists to extend this
4
Fed. R. Civ. P. 4(m) generally requires a plaintiff to serve a defendant within
5
90 days after filing a complaint. However, “if the plaintiff shows good cause for the
6
failure, the court must extend the time for service for an appropriate period.” Fed. R.
7
Civ. P. 4(m). Rule 4(m) “requires a district court to grant an extension of time if good
8
cause is shown and permits the district court to grant such an extension even absent
9
good cause.” Mann v. Am. Airlines, 324 F.3d 1088, 1090 n.2 (9th Cir. 2003) (citing
(702) 471-7000 FAX (702) 471-7070
amended in 2015 to shorten the presumptive time for service from 120 to 90 days, the
12
LAS VEGAS, NEVADA 89106
BALLARD SPAHR LLP
Henderson v. United States, 517 U.S. 654, 662 (1996)).
11
100 NORTH CITY PARKWAY, SUITE 1750
10
advisory committee noted that “[s]hortening the presumptive time for service will
13
increase the frequency of occasions to extend the time.” Fed. R. Civ. P. 4, Notes of
14
Advisory Committee on 2015 Amendment. “More time may be needed, for example,
15
when a request to waive service fails, a defendant is difficult to serve, or a marshal is
16
to make service in an in forma pauperis action.” Id.
When Rule 4(m) was
17
In this case, Capital One hired a process server to serve KKRE’s registered
18
agent, an individual named Cheung K Wok Chan. The process server attempted to
19
serve the registered agent on December 22, 2017 at 11:33 a.m. at the registered
20
agent’s address on file with the Nevada Secretary of State. Ex. 1. The process server
21
observed that the property appeared occupied, but the blinds were closed and no one
22
answered the door. Id. The process server attempted to serve the registered agent
23
again on December 26, 2017 at 11:57 a.m. A person in a neighboring suite confirmed
24
that the property was occupied, but again, there was no one present at the property.
25
Id.
26
Capital One also hired a process server to serve Turnberry’s registered agent,
27
Pinnacle Community Association Management.
28
serve the registered agent on December 22, 2017 at 11:31 a.m. at the registered
2
DMWEST #17339543 v1
The process server attempted to
1
agent’s address on file with the Nevada Secretary of State. Ex. 2. The process server
2
reported that the office was closed and there were no posted hours. Id. The process
3
server attempted to serve the registered agent again on December 26, 2017 at 10:24
4
a.m. Id. The office was again closed, and a sign indicated the office would remain
5
closed until December 27, 2017. Id.
on the likelihood that Capital One will be able to serve them in the near future. The
10
office for Turnberry’s registered agent will apparently reopen tomorrow, December
11
27. Further, while no one was present at the office of KKRE’s registered agent on
12
(702) 471-7000 FAX (702) 471-7070
30-day extension based on Capital One’s prior efforts to serve defendants and based
9
LAS VEGAS, NEVADA 89106
agents for KKRE and Turnberry on two separate occasions. There is good cause for a
8
BALLARD SPAHR LLP
To summarize, Capital One has diligently attempted to serve the registered
7
100 NORTH CITY PARKWAY, SUITE 1750
6
December 22 and 26, the office appears to be occupied. Because there is good cause to
13
extend the service deadline, an extension is mandatory. In the alternative, the Court
14
can and should exercise its discretion to grant the requested extension even in the
15
absence of good cause.
16
Dated: December 26, 2017.
17
BALLARD SPAHR LLP
18
By: /s/ Matthew D. Lamb
Abran E. Vigil
Nevada Bar No. 7548
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106
19
IT IS SO ORDERED:
20
21
22
23
24
Matthew D. Lamb
Nevada Bar No. 12991
1909 K Street NW, 12th Floor
Washington, D.C. 20006
__________________________
RICHARD F. BOULWARE, II
United States District Judge
DATED this 22nd day of January, 2018.
Attorneys for Plaintiff
25
26
27
28
3
DMWEST #17339543 v1
1
2
3
4
5
6
7
8
CERTIFICATE OF SERVICE
I certify that on December 26, 2017, I served the foregoing Motion to Extend
Deadline for Service of Process to the following parties via United States Mail:
Cheung K Wok Chan
2625 S Rainbow Blvd, Suite C-106
Las Vegas, Nevada 89146
Registered Agent – KK Real Estate Investment Fund LLC
Pinnacle Community Association Management
8311 W Sunset Rd Ste 110
Las Vegas, Nevada 89113
Registered Agent – Turnberry Towers East Unit Owners Association
9
/s/Elizabeth Blaschko
An employee of Ballard Spahr LLP
10
(702) 471-7000 FAX (702) 471-7070
12
LAS VEGAS, NEVADA 89106
BALLARD SPAHR LLP
100 NORTH CITY PARKWAY, SUITE 1750
11
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DMWEST #17339543 v1
Exhibit 1
Exhibit 1
From: Las Vegas Process [mailto:LVProcess@nationwideasap.com]
Sent: Tuesday, December 26, 2017 12:02 PM
To: Blaschko, Elizabeth (LV)
Subject: 00156558 - Guastella: Status RE KK Real Estate Investment Fund, LLC c/o Cheung K.
Please inform the attorney that the below location has not been served either server will attempt again
12/27, l
Nationwide Legal Nevada, LLC
Number: NV109947
Your Reference Number: 00156558 ‐ Guastella
Servee: KK Real Estate Investment Fund, LLC c/o Cheung K.
Wok Chan, Registered Agent
Case Info: Capital One v KK Real Estate Investment Fund, LLC
Date: 12/22/2017
Time: 11:33 AM
Server: Brittany Mae Holman reg: R‐099789, Nevada
Address Attempted: 2625 S. Rainbow Boulevard, C‐106, Las Vegas, NV 89146
Blinds Closed, No Answer, No Movement, Property is occupied
Date: 12/26/2017
Time: 11:57 AM
Server: Brittany Mae Holman reg: R‐099789, Nevada
Address Attempted: 2625 S. Rainbow Boulevard, C‐106, Las Vegas, NV 89146
Blinds Closed, Fully Furnished, Neighbor confirms property is occupied, No Changes, No Lights, No
Movement, Property is occupied
Thank you,
Jennifer Craig
R‐081221
Las Vegas Process
NATIONWIDE LEGAL,LLC
626 South 7th Street
Las Vegas | NV | 89101
T 702.385.5444 | F 702.385.1444
LVProcess@nationwideasap.com
Did you know Nationwide Legal has a full service Medical Records Retrieval Department?
We Can Issue your Subpoena, Notice Your Opposing Counsel and act as your Deposition Officer.
Please call 1(877)‐326‐2679 or email dsolutions@nationwideasap.com for further information.
Exhibit 2
Exhibit 2
From: Las Vegas Process [mailto:LVProcess@nationwideasap.com]
Sent: Tuesday, December 26, 2017 11:22 AM
To: Blaschko, Elizabeth (LV)
Subject: 00156558 - Guastella: Status RE Turnberry Towers East Unit-Owners' Association c/o Pinnacle
Community Association Managemen
Please see attempts made below
Servee: Turnberry Towers East Unit‐Owners' Association c/o
Pinnacle Community Association Management
Case Info: Capital One v KK Real Estate Investment Fund, LLC
Date: 12/22/2017
Time: 11:31 AM
Server: Tanner Trewet reg: R‐075655, Clark
Address Attempted: 8311 W. Sunset Road, 110, Las Vegas, NV 89113
Office is closed. No posted hours.
Date: 12/26/2017
Time: 10:24 AM
Server: Tanner Trewet reg: R‐075655, Clark
Address Attempted: 8311 W. Sunset Road, 110, Las Vegas, NV 89113
Office is closed. Per sign office is closed until Wednesday 12/27.
Thank you,
Jennifer Craig
R‐081221
Las Vegas Process
NATIONWIDE LEGAL,LLC
626 South 7th Street
Las Vegas | NV | 89101
T 702.385.5444 | F 702.385.1444
LVProcess@nationwideasap.com
Did you know Nationwide Legal has a full service Medical Records Retrieval Department?
We Can Issue your Subpoena, Notice Your Opposing Counsel and act as your Deposition Officer.
Please call 1(877)‐326‐2679 or email dsolutions@nationwideasap.com for further information.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?