Scrase v. Scrase et al

Filing 30

ORDER Granting 28 Motion to Extend Time to Serve Complaints, Summons, and Copies of Court Order. Proof of service due by 8/7/2024. Signed by Magistrate Judge Daniel J. Albregts on 5/10/2024. (Copies have been distributed pursuant to the NEF - ALZ)

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1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 *** 5 Judith Scrase, 6 Case No. 2:22-cv-01207-JAD-DJA Plaintiff, 7 v. 8 Order Richard Alexander Scrase and Edna Patricia Scrase, 9 10 Defendants. 11 12 Before the Court is Plaintiff’s motion to extend time to serve Defendants. (ECF No. 28). 13 Plaintiff asks for the Court to delay the prior, March 25, 2024, deadline for service until “30 days 14 after designation of attorney representation, and then 60 days to allow for the U.S. Marshal 15 Service of documents to these defendants.” (Id.). Plaintiff asserts that she is waiting on a ruling 16 on her objection to the undersigned magistrate judge’s report and recommendation. (Id.). But the 17 assigned district judge already adopted the undersigned’s report and recommendation months 18 before Plaintiff filed her objection because Plaintiff did not file her objection by the December 19 20, 2023 deadline to do so. 1 (ECF No. 21). And Plaintiff has no currently-pending motion for 20 appointment of counsel. However, the Court will extend the deadline by which she must serve 21 Defendants to ninety days after the date of this order. 22 23 24 25 26 27 28 1 Plaintiff’s objection is titled “objection to report and recommendation” but appears to seek reconsideration of the undersigned’s order denying her motion for appointment of counsel. (ECF No. 26). To the extent Plaintiff’s objection seeks this relief, the undersigned does not find that Plaintiff has demonstrated circumstances that would warrant reconsideration of the prior order denying appointment of counsel. See Jacobs v. Wheaton Van Lines Inc., No. CV-20-01752-PHXDLR, 2021 WL 689913, at *1 (D. Ariz. Feb. 23, 2021) (“[m]otions for reconsideration should be granted only in rare circumstances). Plaintiff may refile a renewed motion for appointment of counsel should she so choose. But the undersigned will not reconsider the prior ruling. 1 IT IS THEREFORE ORDERED that Plaintiff’s motion to extend time (ECF No. 28) is 2 granted. Plaintiff shall have until August 7, 2024 to complete service under Federal Rule of 3 Civil Procedure 4(m). The Clerk of Court is kindly directed to send Plaintiff a copy of this order. 4 5 6 7 DATED: May 10, 2024 DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 of 2

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