Giumarra Bros. Fruit Co., Inc et al v. Paradise Produce LLC et al

Filing 18

ORDER Granting 17 Motion to Extend Time re 6 Amended Complaint (First Request). Signed by Magistrate Judge Nancy J. Koppe on 6/4/2018. (Copies have been distributed pursuant to the NEF - MR)

Case 2:18-cv-00395-APG-NJK Document 17 Filed 06/01/18 Page 1 of 4

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LAW OFFICES OF MICHAEL A. HAGEMEYER
Michael A. Hagemeyer
Nevada Bar No. 5344
6787 W. Tropicana Ave., Suite 120B
Las Vegas, Nevada 89103
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for Plaintiffs

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
LAS VEGAS DIVISION

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GIUMARRA BROS. FRUIT CO., INC., a CASE NO: 2:18-cv-00395-APK-NJK
California corporation; BONITA
PACKING CO., a California corporation;
and GREEN FARMS OF NEVADA, INC.,
a Nevada corporation doing business as
WORLDWIDE PRODUCE,

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Plaintiff,
vs.
PARADISE PRODUCE, LLC, a Nevada
limited liability company doing business as
PARADISE PRODUCE doing business as
PARADISE PRODUCE
DISTRIBUTORS, also trading as
PAULMAR, LLC; MICHAEL K.
ROSENBLUM, an individual; WILLIAM
H. ROSENBLUM, an individual;
EUGENE J. HICKEY, an individual; and
WEST CENTRAL, LLC, a Nevada limited
liability company,
Defendants.
PLAINTIFFS’ MOTION AND SUPPORTING MEMORANDUM TO ENLARGE
TIME FOR SERVICE OF PROCESS UPON DEFENDANT,
WEST CENTRAL, LLC

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Pursuant to Fed. R. Civ. P. 4(m), Plaintiffs Giumarra Bros. Fruit Co., Inc., Bonita

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Packing Co. and Green Farms of Nevada, Inc. d/b/a Worldwide Produce respectfully

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request this Court enter an order extending, for a period of 30 additional days, the time

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Plaintiffs’ Motion to Enlarge Time

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Case 2:18-cv-00395-APG-NJK Document 17 Filed 06/01/18 Page 2 of 4

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for service of process upon Defendant West Central, LLC (“West Central”). In support

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of this Motion, Plaintiffs state the following:

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PROCEDURAL HISTORY
1.

The original Plaintiffs, Giumarra Bros. Fruit Co., Inc. and Bonita Packing

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commenced this action on March 5, 2018 [DE 1], and summonses were issued on the

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same day [DE 3].

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2.

of Nevada, Inc. d/b/a Worldwide Produce as a Plaintiff [DE 6].
3.

On May 16, 2018, and May 23, 2018, the Clerk issued new summonses

[DE 8, 12].
4.

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A process server executed the summons upon the following Defendants:
Defendant
Eugene Hickey
Paradise Produce, LLC
William H. Rosenblum
Michael K. Rosenblum

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On May 16, 2018, Plaintiffs amended their Complaint to add Green Farms

Docket Number
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SUPPORTING MEMORANDUM OF LAW
5.

Under Fed R. Civ. P. 4(m), the 90-day time limit to serve the original

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summons expires on Jun 3, 2018. Plaintiffs submit good cause exists to extend this

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deadline by 30 days, or to July 3, 2018, to effectuate service upon West Central.

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6.

Rule 4(m) states that upon the showing of good cause, the Court must

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extend the time for service "for an appropriate period." In this Court, a plaintiff must

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show the following factors in order to bring the excuse to the level of good cause: “(a) the

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party to be served received actual notice of the lawsuit; (b) the defendant would suffer no

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prejudice; and (c) plaintiff would be severely prejudiced if his complaint were

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dismissed.” Robinson v. Churchill Community Hosp., 2007 WL 496819, at *1 (D. Nev.

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Feb. 12, 2007). Plaintiffs have satisfied all three factors.

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Plaintiffs’ Motion to Enlarge Time

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Case 2:18-cv-00395-APG-NJK Document 17 Filed 06/01/18 Page 3 of 4

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7.

West Central has known about the lawsuit, and therefore, cannot be

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prejudiced by the extension. On March 14, 2018, one of Plaintiffs’ attorneys notified an

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attorney representing West Central of the lawsuit.

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attorneys for Plaintiffs and West Central have had conversations concerning the facts

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underlying the claim against West Central.

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8.

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deadline.

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For approximately two months,

On the other hand, Plaintiffs would be prejudiced without extending the

If the claims against West Central are dismissed, Plaintiffs would have to

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incur the costs and attorneys’ fees to refile these claims in another lawsuit, while they

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continue to pursue their claims against the aforementioned served defendants in this

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lawsuit, and likely seek to consolidate the matters.

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10.

In addition to having conversations with West Central’s attorney, Plaintiffs

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have recently amended the complaint to add a new plaintiff, Green Farms of Nevada, Inc.

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d/b/a Worldwide Produce, who just became a party to this lawsuit over two weeks ago.

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11.

After the amended complaint was filed and new summonses were issued,

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on May 25, 2018, and May 31, 2018, Plaintiffs’ co-counsel asked West Central’s attorney

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whether he would accept service of the Amended Complaint and Summons on behalf of

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West Central. As of this motion, the attorney has not advised whether he has the

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authority to accept service.

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12.

If the attorney is not authorized to accept service, Plaintiffs will retain a

process server to effectuate service upon West Central’s registered agent.
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Because of the upcoming June 3, 2018, deadline to effectuate service,

Plaintiffs requests this Court extend this deadline by 30 deadlines, or July 3, 2018.
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This request is filed in good faith, and not for the purpose of delay. In

addition, Plaintiffs file this motion before the June 3, 2018, deadline.

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FOR THESE REASONS, Plaintiffs respectfully submit that they have shown

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good cause for the requested enlargement of time to serve process on West Central, and

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Plaintiffs’ Motion to Enlarge Time

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Case 2:18-cv-00395-APG-NJK Document 17 Filed 06/01/18 Page 4 of 4

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requested that this Court enter an order extending the time for service of the process

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issued to West Central for an additional 30 days, or until July 3, 2018.

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Respectfully submitted on Friday, June 01, 2018.

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LAW OFFICES OF MICHAEL A.
HAGEMEYER

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/s/ Michael A. Hagemeyer
Michael A. Hagemeyer

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Counsel for Plaintiffs

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IT IS SO ORDERED.

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Dated: June 4, 2018

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________________________________
UNITED STATES MAGISTRATE JUDGE

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Plaintiffs’ Motion to Enlarge Time

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