Thornton v. Portola Del Sol Operator, LLC et al

Filing 35

ORDER granting 29 Motion to Extend Time. IT IS ORDERED that time within which to serve Defendant Rene Richardson with the Summonses and Complaint is extended to 5/9/2023. Signed by Magistrate Judge Brenda Weksler on 3/8/2023. (Copies have been distributed pursuant to the NEF - HAM)

Case 2:21-cv-01123-APG-BNW Document 35
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ELIZABETH S. CARMONA, ESQ.
Nevada State Bar No. 14687
KRISTOPHER S. PRE, ESQ.
Nevada State Bar No. 14106
NEVADA LEGAL SERVICES, INC.
530 South 6th Street
Las Vegas, Nevada 89101
Telephone: [phone], ext. 128
[e-mail]
[e-mail]
Attorneys for Peggy Thornton

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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UNITED STATES OF AMERICA
ex rel. PEGGY THORNTON, Relator,

No.: 2:21-CV-01123
MOTION TO ENLARGE TIME TO
SERVE SUMMONS
AND COMPLAINT – 4th REQUEST

and
PEGGY THORNTON,
Plaintiff,

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v.
PORTOLA DEL SOL OPERATOR, LLC, a
foreign limited-liability company; TMIF II
PORTOLA, LLC, a foreign limited-liability
company; APARTMENT MANAGEMENT
CONSULTANTS, LLC, a foreign limited
liability company, and RENE
RICHARDSON, as AGENT of PORTOLA
DEL SOL OPERATOR, LLC.
Defendants.

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COMES NOW, Plaintiff, Peggy Thornton, by and through her attorneys, Elizabeth S.

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Carmona, Esq., and Kristopher S. Pre, Esq., of Nevada Legal Services, Inc., moves this Court for

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an Order extending time to serve the Summons and Complaint on the Defendant Rene

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Richardson.

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POINTS AND AUTHORITIES

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I. STATEMENT OF FACTS

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On June 14, 2021, Plaintiff filed her qui tam Complaint under seal. This Court previously

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granted three Motions to Enlarge Time to Serve Summons and Complaint based on an extensive

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1.5 year-long investigation by the Department of Justice while the Complaint was under seal.

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Once the Department of Justice concluded its investigation and elected not to intervene, the

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Court unsealed the Complaint and set a service deadline for March 9, 2023. Plaintiff then,

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diligently, began service.

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As of today’s date, Plaintiff has successfully served Defendants Portola Del Sol Operator,

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LLC, TMIF II Portola, LLC and Apartment Management Consultants, LLC; however, Plaintiff

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has experienced significant challenges surrounding the service of Defendant Rene Richardson.

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Plaintiff hired Junes Legal Services, Inc., to serve Defendant Rene Richardson on December 27,

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2022, but the initial attempt was unsuccessful. See Exhibit 1. Plaintiff then began conducting

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significant research regarding the whereabouts of Defendant Rene Richardson, but had to enlist

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the assistance of Junes to perform a “skip trace” when internal research failed to produce any

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helpful information. Id. The Junes skip trace also proved to be inconclusive based on Plaintiff’s

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limited knowledge of her demographics and the common nature of her name. Id. Plaintiff is still

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working on attempting service on Defendant Rene Richardson and plans to attempt service at

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three, additional addresses within the next week. Id.

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II. ARGUMENT

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Pursuant to Federal Rule of Civil Procedure 4(m), if a plaintiff shows good cause for the

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failure to serve a defendant within 90 days, the court must extend the time for service for an

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appropriate period. Plaintiff has continuously attempted to serve Defendant Rene Richardson,

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but has been unable to presently do so based on the difficulties described above. Therefore,

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Plaintiff requests that this Court issue an Order to Enlarge Time to Serve Summons and

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Complaint on Defendant Rene Richardson in this matter.

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///

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CONCLUSION

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Wherefore, based on the above points and authorities and the attached Declaration of

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Elizabeth S. Carmona, Esq., Plaintiff respectfully requests an Order enlarging time for service in

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regards to Defendant Rene Richardson.

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DATED this 7th day of March, 2023.

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Respectfully Submitted,
NEVADA LEGAL SERVICES, INC.

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____________________________
ELIZABETH S. CARMONA, ESQ.
Nevada State Bar No. 14687
KRISTOPHER S. PRE, ESQ.
Nevada State Bar No. 14106
530 South 6th Street
Las Vegas, Nevada 89101
Telephone: [phone], ext. 128
[e-mail]
Attorneys for Peggy Thornton

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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UNITED STATES OF AMERICA
ex rel. PEGGY THORNTON, Relator,

FILED UNDER SEAL
PURSUANT TO 31 U.S.C. § 3730(b)(2)

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and

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PEGGY THORNTON,

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Plaintiff,

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No.: 2:21-CV-01123
ORDER TO ENLARGE TIME TO SERVE
SUMMONS AND COMPLAINT – 4th
REQUEST

v.

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PORTOLA DEL SOL OPERATOR, LLC, a
foreign limited-liability company; TMIF II
PORTOLA, LLC, a foreign limited-liability
company; APARTMENT MANAGEMENT
CONSULTANTS, LLC, a foreign limited
liability company, and RENE
RICHARDSON, as AGENT of PORTOLA
DEL SOL OPERATOR, LLC.
Defendants.
Upon consideration of the declaration of Plaintiff and good cause appearing,

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IT IS HEREBY ORDERED that time within which to serve Defendant Rene

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9, 2023. day of
Richardson with the Summonses and Complaint is extended to May
the _________

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________________, 2023.

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DATED:
March
8, 2023.
DATED this
______
day of ____________, 2023.

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____________________________________
DISTRICT COURT JUDGE

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Respectfully Submitted,
NEVADA LEGAL SERVICES, INC.

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EXHIBIT 1

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I declare under penalty of perjury that the foregoing is true and correct:
1. On December 27, 2022, Junes Legal Service, Inc. (“Junes”), attempted service of
Defendant Rene Richardson. This attempt was unsuccessful.
2. I then began researching Defendant Rene Richardson’s whereabouts online, but was
unable to find out any helpful information that would aid in service.
3. In February 2023, I requested that Junes conduct a “skip trace” on Defendant Rene
Richardson.
4. Junes responded to my request and informed me that they experienced “84 hits by the
name Rene Richardson in Las Vegas.”
5. We are currently in the process of requesting that Junes attempt service at three,
additional addresses.
6. We have been diligent in our efforts to attempt service of Defendant Rene Richardson.
Executed on this 7th day of March, 2023.

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ELIZABETH S. CARMONA, ESQ.