Anthony Connelly Holdings, LLC v. The Kong Company, LLC
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
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
ANTHONY CONNELLY HOLDINGS, LLC dba
THE NEATO COMPANY, a Nevada limited
THE KONG COMPANY, LLC, a Colorado
limited liability company; DOES 1-10; and ROE
ENTITIES 1-10, inclusive,
Before the Court is Plaintiff’s Motion for Enlargement of Time to Serve (ECF No. 7).
Plaintiff seeks an extension, until February 8, 2021, under FED. R. CIV. P. 4(m) to effectuate service
upon Defendant The Kong Company, LLC. Plaintiff filed a Complaint on October 5, 2020. (ECF NO.
Pursuant to Federal Rule of Civil Procedure 4(m), “[i]f a defendant is not served within 90 days
after the complaint is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss
the action without prejudice against that defendant or order that service be made within a specified time.
But if the plaintiff shows good cause for the failure, the court must extend the time for service for an
appropriate period.” “The 90-day time limit imposed by Rule 4(m) expires 90 days after the first
complaint in which the defendant is named...” is filed. Bolden v. City of Topeka, 441 F.3d 1129, 1148
(10th Cir. 2006)(emphasis added). Id.
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
retroactively after the 90-day service period has expired. See Mann v. American Airlines, 324 F.3d 1088,
1090 (9th Cir.2003).
The time to effectuate service upon the Defendant has expired, and Plaintiff must make a showing
of good cause or excusable neglect in order for the court to extend this deadline for an appropriate period.
See Fed. R. Civ. P. 4(m); Lemoge, 587 F.3d at 1198; Mann, 324 F.3d at 1090 (the court may extend the
deadline for service of process retroactively). Here, Plaintiff states that the parties are engaged in
settlement negotiations and Defendant has agreed to execute a waiver service.
The court finds that good cause warrants extending the service of process deadline.
Accordingly, and for good cause shown,
IT IS ORDERED that the Plaintiff’s Motion for Enlargement of Time to Serve (ECF No. 7) is
GRANTED. The deadline to perfect service on Defendant The Kong Company, LLC, is extended up to
and including February 8, 2021.
DATED this 8th day of January, 2021.
UNITED STATES MAGISTRATE JUDGE
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