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Thomas v. Cox

United States District Court, D. Nevada

January 6, 2017

CASSANDRA ANN THOMAS, an individual; Plaintiffs,
v.
JAMES G. COX, et al.; Defendants.

          Travis N. Barrick, GALLIAN WELKER & BECKSTROM, LC Attorneys for Plaintiff Thomas

          PLAINTIFF'S MOTION TO EXTEND TIME FOR SERVICE ON DEFENDANTS COX, HOLMES AND KAYBATAY

         Pursuant 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.

         I. BACKGROUND FACTS.

         Ms. Thomas is currently incarcerated at the NDOC Florence McClure Women's Correctional Center ("FMWCC").

         On May 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.

         On November 28, 2016, Mr. Barrick filed his Notice of Appearance (ECF No. 26).

         On 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.

         On 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.

         On 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 Kaybatay.

         On 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).

         Legal 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.

         II. ARGUMENT.

         FRCP 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 period."

         Here, Ms. Thomas has shown good cause because the NDOC refused to accept service for former NDOC employees Cox, Holmes ...


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