United States District Court, D. Nevada
N. Barrick, GALLIAN WELKER & BECKSTROM, LC Attorneys for
PLAINTIFF'S MOTION TO EXTEND TIME FOR SERVICE ON
DEFENDANTS COX, HOLMES AND KAYBATAY
to FRCP 4(m), plaintiff, Cassandra Thomas, through her
attorneys of the law firm GALLIAN WELKER & BECKSTROM, LC,
hereby submits her Motion to Extend Time for Service of the
1st Amended Complaint on Defendants Cox, Holmes
and Kaybatay. This Motion is based upon the papers and
pleadings on file herein, the Declaration of Travis N.
Barrick below, and such oral argument that the Court chooses
to entertain at the hearing thereon, if any.
Thomas is currently incarcerated at the NDOC Florence McClure
Women's Correctional Center ("FMWCC").
23, 2016, Ms. Thomas filed her pro se 1st
Amended Complaint (ECF No. 11). Thereafter, she attempted
service on certain defendants by way of U.S. Mail.
November 28, 2016, Mr. Barrick filed his Notice of Appearance
(ECF No. 26).
December 5, 2016, the Court issued its Notice of Intent to
Dismiss (ECF No. 28), giving Ms. Thomas until January 4, 2017
to accomplish service or the case would be dismissed.
December 5, 2016, Mr. Barrick prepared and filed proposed
summons to be issued (ECF No. 29), which were subsequently
issued by the Clerk (ECF No. 30). Thereafter, Mr. Barrick
delivered the Summons to Legal Wings to be served on the
various Defendants, at both the NDOC and the Attorney
General's Office in Carson City.
December 20, 2016, Legal Wings accomplished service on
Defendants Aranas, Clark, Cox, Faulkner, Gentry, Holmes and
Kaybatay at the Attorney General's Office and
Aranas, Clark, Faulkner and Gentry at the offices of the
NDOC, which refused service of process on Cox, Holmes and
January 5, 2017, Legal Wings delivered to Mr. Barrick the
Affidavits of service on those Defendants, which were filed
the same day (ECF No. 32).
Wings also delivered Affidavits of Attempted Service on Cox,
Holmes and Kaybatay. The purpose of this Motion is to extend
the time to accomplish service on Cox, Holmes and Kaybatay,
the Defendants for whom NDOC refused to accept service.
4(m) provides that "if the plaintiff shows good cause
for the failure [to accomplish service in a timely fashion],
the Court must extend the time for service for an appropriate
Ms. Thomas has shown good cause because the NDOC refused to
accept service for former NDOC employees Cox, Holmes ...