Boxabl Inc. v. Tassev ( 2023 )

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 *** 5 Boxabl, Inc., 6 Plaintiff(s), 7 2:23-cv-0760-CDS-VCF 8 v. ORDER 9 Yanni Tassev a/k/a Iani Tassev, 10 Defendant(s). 11 Before the Court is plaintiff’s motion for extension of time to serve amended complaint and 12 emergency motion. (ECF No. 36). 13 Plaintiff is requesting up to and including September 11, 2023 to perfect service on Yanni Tassev 14 a/k/a Iani Tassev. 15 Pursuant to Federal Rule of Civil Procedure 4(m), “[i]f a defendant is not served within 90 days 16 after the complaint is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss 17 the action without prejudice against that defendant or order that service be made within a specified time. 18 But if the plaintiff shows good cause for the failure, the court must extend the time for service for an 19 appropriate period.” “The 90-day time limit imposed by Rule 4(m) expires 90 days after the first 20 complaint in which the defendant is named...” is filed. Bolden v. City of Topeka, 441 F.3d 1129, 1148 21 (10th Cir. 2006)(emphasis added). The 90–day time limit for service does not restart each time a plaintiff 22 files a new amended complaint. Id. The district court may extend time for service of process retroactively 23 after the 90-day service period has expired. See Mann v. American Airlines, 324 F.3d 1088, 1090 (9th 24 Cir.2003). 25 The complaint was filed on April 27, 2023. The deadline to effectuate service of process was July 26, 2023. Id; Fed. R. Civ. P. 4(m). Plaintiff states that the process server has made numerous attempts 1 |} to serve defendant at his last known addresses, but service was unsuccessful. Plaintiff is requesting an 2 || extension up to and including September 11, 2023 to perfect service on defendant. 3 The time to effectuate service upon defendant expired on July 26, 2023, and plaintiff must make a 4 || showing of good cause or excusable neglect in order for the court to extend this deadline for an appropriate 5 period. See Fed. R. Civ. P. 44m); Lemoge, 587 F.3d at 1198; Mann, 324 F.3d at 1090 (the court may 6 || extend the deadline for service of process retroactively). 7 Here, the court finds that good cause warrants extending the service of process deadline. 8 Accordingly, and for good cause shown, 9 IT IS ORDERED that plaintiffs motion for extension of time to serve amended complaint and 10 |} emergency motion (ECF No. 36) is GRANTED. The time to perfect service is extended to and including 11 || September 11, 2023. 12 DATED this 16th day of August 2023. Load Ect. 13 4 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25