Emanuel v. Collins ( 2023 )

1 Rene L. Valladares Federal Public Defender 2 Nevada State Bar No. 11479 3 *Ryan Norwood Assistant Federal Public Defender 4 New Hampshire Bar No. 15604 *Amy B. Cleary 5 Ohio State Bar No. 0068425 6 Amy_Cleary@fd.org 411 E. Bonneville Ave., Ste. 250 7 Las Vegas, Nevada 89101 (702) 388-6577 8 Ryan_Norwood@fd.org 9 *Attorney for Plaintiff Troy Emanuel, Jr. 10 11 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA Troy Emanuel, Jr., 14 Plaintiff, Case No. 3:20-cv-00566-RCJ-CLB 15 16 v. Order Granting Second Joint Stipulation to Extend Service of Collin, et al., Process Date 17 Defendants. 18 19 20 The parties stipulate that counsel for Plaintiff Troy Emanuel, Jr., shall have 21 an additional 30 days, or until January 3, 2024, to serve Defendant Brandon Stubbs 22 with a summons, the amended complaint, and the order granting the motion to 23 amend the complaint. This is the second stipulation requesting additional time to 24 make service on Defendant Stubbs. 25 The parties enter this stipulation under Fed. R. Civ. P. 4(m) in good faith and 26 for good cause based on the following. 27 1 On September 21, 2023, this Court ordered that service of the summons, the 2 amended complaint (ECF No. 139), and the order granting the motion to amend the 3 complaint (ECF No. 129), be served on Defendant Brandon Stubbs by November 20, 4 2023. ECF No. 158. However, given Mr. “Emanuel’s pro se status and the issues 5 with service,” the Court directed the Clerk to issue a summons for Defendant and 6 Stubbs and also directed the U.S. Marshal to serve the summons and above-listed 7 documents on him. ECF No. 158. Unfortunately, the U.S. Marsal could not perfect 8 service on Defendant Stubbs. ECF No. 166. 9 Though Defendant Stubbs’ home address remains under seal (ECF No. 158), 10 Mr. Emanuel’s counsel believed they located Stubb’s home address and obtained a 11 two-week extension of time from the Court to perfect service through a process 12 server. ECF Nos. 174, 175. Though attempts to serve Defendant Stubbs were made 13 during that two-week period, additional time is necessary to perfect service. 14 The deadline for service is currently December 4, 2023. ECF No. 175. An 15 extension of the time for service, however, should be granted when the plaintiff 16 shows good cause. See Federal Rule of Civil Procedure Rule 4(m); Lemoge v. United 17 States, 587 F.3d 1188, 1198 (9th Cir. 2009) (Rule4(m) establishes a “mandatory” 18 rule that the “district court must extend time for service upon a showing of good 19 cause”). 20 The parties submit good cause exists here to extend the time for service on 21 Defendant Stubbs, including: (1) Mr. Emanuel’s pro se status; (2) the failed attempt 22 at service on Defendant Stubbs by the U.S. Marshal; (3) the failed attempts by Mr. 23 Emanuel’s process server to serve Mr. Stubbs at the home address located by Mr. 24 Emanuel’s counsel; and (4) the need for Mr. Emanuel’s process server to make 25 additional attempts at service on Defendant Stubbs. The parties therefore stipulate 26 to extend the service date on Defendant for 30 days, until January 3, 2024. See Fed. 27 R. Civ. P. 4(m); Lemoge, 587 F.3d. at 1198. 1 Dated December 4, 2023. 2 3 Aaron D. Ford Rene L. Valladares Attorney General Federal Public Defender 4 5 s/ Andrew C. Nelson s/ Ryan Norwood Andrew C. Nelson Ryan Norwood 6 Deputy Attorney General Assistant Federal Public Defender 7 3 s/ Amy B. Cleary Amy B. Cleary 9 Assistant Federal Public Defender 10 11 12 13 IT IS SO ORDERED: 14 . 15 16 UNITED'STATES MAGISTRATE JUDGE 17 DATED: December 4, 2023 18 19 20 21 22 23 24 25 26 27