Akinola v. Severns et al

Filing 12

ORDER granting in part 11 Motion to Extend Time. Plaintiff is granted an extension of 60 days to achieve service on defendant David Severns. Following 10 Notice of Appearance, the 9/9/2014 status conference is vacated. Signed by Judge Howard D. McKibben on 8/29/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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AYODELE AKINOLA,

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Plaintiff,
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vs.
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DAVID SEVERNS, et al.,
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Defendants.
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_________________________________ )

3:14-cv-00222-HDM-WGC
ORDER

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On August 20, 2014, the court entered a minute order setting a
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status conference for Tuesday, September 9, 2014, at 10:30 AM in
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Reno Courtroom 4 (#9).

The plaintiff and counsel for the defendant

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were ordered to be present.

On August 25, 2014, Brian R. Morris

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filed a notice of appearance for plaintiff (#10), and a motion to
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extend time to effectuate service of process on defendant David
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Severns.
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Federal Rule of Civil Procedure 4(m) provides that a plaintiff
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must provide service on defendants within 120 days after the
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complaint is filed to avoid dismissal.

The Rule also provides,

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“But if the plaintiff shows good cause for the failure, the Court
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must extend the time for service for an appropriate
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period.”

Fed.R.Civ.P. 4(m).

Plaintiff asserts he needs an additional 120 days to serve

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defendant David Severns after recently taking over the case

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following plaintiff’s previous counsel’s suspension on May 9, 2014.

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The court is satisfied with plaintiff’s explanation for the

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delay, but finds an extension of 60 days is sufficient.

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hereby grants an extension of 60 days for plaintiff to achieve

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service of process on defendant David Severns.

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The court

Following Brian R. Morris’s appearance on behalf of plaintiff,

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the September 9, 2014, hearing is unnecessary and, accordingly, is

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vacated.

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IT IS SO ORDERED.

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DATED: This 29th day of August, 2014.

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____________________________
UNITED STATES DISTRICT JUDGE

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