Anthony Connelly Holdings, LLC v. The Kong Company, LLC

Filing 8

ORDER Granting 7 Motion to Extend Time re 1 Complaint (First Request). The deadline to perfect service on Defendant The Kong Company, LLC, is extended up to and including 2/8/2021. Signed by Magistrate Judge Cam Ferenbach on 1/8/2021. (Copies have been distributed pursuant to the NEF - MR)

Case 2:20-cv-01860-JAD-VCF Document 8 Filed 01/08/21 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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ANTHONY CONNELLY HOLDINGS, LLC dba
THE NEATO COMPANY, a Nevada limited
liability company,
Plaintiff,

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2:20-cv-01860-JAD-VCF
ORDER

vs.
THE KONG COMPANY, LLC, a Colorado
limited liability company; DOES 1-10; and ROE
ENTITIES 1-10, inclusive,

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Defendants.

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Before the Court is Plaintiff’s Motion for Enlargement of Time to Serve (ECF No. 7).

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Plaintiff seeks an extension, until February 8, 2021, under FED. R. CIV. P. 4(m) to effectuate service

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upon Defendant The Kong Company, LLC. Plaintiff filed a Complaint on October 5, 2020. (ECF NO.

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1).

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Relevant Law

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Pursuant to Federal Rule of Civil Procedure 4(m), “[i]f a defendant is not served within 90 days

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after the complaint is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss

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the action without prejudice against that defendant or order that service be made within a specified time.

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But if the plaintiff shows good cause for the failure, the court must extend the time for service for an

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appropriate period.” “The 90-day time limit imposed by Rule 4(m) expires 90 days after the first

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complaint in which the defendant is named...” is filed. Bolden v. City of Topeka, 441 F.3d 1129, 1148

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(10th Cir. 2006)(emphasis added). Id.

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The district court may extend time for service of process

Case 2:20-cv-01860-JAD-VCF Document 8 Filed 01/08/21 Page 2 of 2

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retroactively after the 90-day service period has expired. See Mann v. American Airlines, 324 F.3d 1088,

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1090 (9th Cir.2003).

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Discussion

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The time to effectuate service upon the Defendant has expired, and Plaintiff must make a showing

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of good cause or excusable neglect in order for the court to extend this deadline for an appropriate period.

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See Fed. R. Civ. P. 4(m); Lemoge, 587 F.3d at 1198; Mann, 324 F.3d at 1090 (the court may extend the

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deadline for service of process retroactively). Here, Plaintiff states that the parties are engaged in

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settlement negotiations and Defendant has agreed to execute a waiver service.

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The court finds that good cause warrants extending the service of process deadline.

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Accordingly, and for good cause shown,

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IT IS ORDERED that the Plaintiff’s Motion for Enlargement of Time to Serve (ECF No. 7) is

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GRANTED. The deadline to perfect service on Defendant The Kong Company, LLC, is extended up to

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and including February 8, 2021.

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DATED this 8th day of January, 2021.
_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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