Greybill v. NaphCare Inc. ( 2024 )

1 Erica C. Medley Nevada Bar No. 13959 2 HOLLAND & HART LLP 3 9555 Hillwood Drive, 2nd Floor Las Vegas, NV 89134 4 Phone: (702) 669-4600 ecmedley@hollandhart.com 5 Sarah Grady (pro hac vice) 6 Terah Tollner (pro hac vice) 7 Adam J. Smith (pro hac vice) KAPLAN & GRADY LLC 8 2071 N. Southport Ave., Ste. 205 Chicago, Illinois 60614 9 (312)852-2184 sarah@kaplangrady.com 10 terah@kaplangrady.com 11 adam@kaplangrady.com 12 Attorneys for Plaintiff 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 Michelle Greybill, as Administrator of the Estate of John Greybill, Case No: 2:24-cv-01276-CDS-EJY 16 17 Plaintiff, PLAINTIFF’S MOTION FOR 18 v. EXTENSION OF TIME TO SERVE 19 NaphCare, Inc., City of Henderson, Vernon Maniago, Mandana Ziaei-Ghafouri, Ivy Rose 20 Volonte, EbonyMichelle Garner, Brittany 21 Reyes, Sheldon Chase, Selma Tabakovic, Sheena Carnate, and Jackie Gonzalez, 22 Defendants. 23 24 Plaintiff Michelle Greybill, as Administrator of the Estate of John Greybill, by and through 25 her attorneys, Kaplan & Grady LLC and Holland & Hart LLP, respectfully asks this Court for an 26 extension of 30 days, up to and including November 12, 2024, to serve certain Defendants in this 27 28 1 matter. This is Plaintiff’s first request for an extension of time to serve certain Defendants. In 2 support of her motion, Plaintiff states as follows: 3 1. Plaintiff filed her Complaint on July 15, 2024. See ECF No. 1. The deadline to 4 complete service is October 13, 2024. See Fed. R. Civ. P. 4(m) (90 days for service after complaint 5 is filed); Fed. R. Civ. P. 6(a)(2) (rules for computing time). 6 2. The Federal Rules provide that if a plaintiff “shows good cause” for failing to serve 7 a defendant within the time specified by the rule, “the court must extend the time for service for 8 an appropriate period.” Fed. R. Civ. P. 4(m). Even absent a showing of good cause, “courts have 9 broad discretion to extend time for service under Rule 4(m).” Efaw v. Williams, 473 F.3d 1038, 10 1041 (9th Cir. 2007). 11 3. Here, good cause exists to extend the time for service. Plaintiff has worked 12 diligently to locate and serve Defendants. Plaintiff has effected timely service on two Defendants, 13 Defendant City of Henderson and Defendant NaphCare, Inc. (NaphCare). See ECF Nos. 15, 17. 14 In addition, Defendant Jackie Gonzalez has timely executed a waiver of service. See ECF No. 16. 15 In an effort to serve the remaining Defendants—eight individuals whom Plaintiff alleges were 16 NaphCare employees at all times relevant to the claims in this case—Plaintiff contacted 17 NaphCare’s counsel to ascertain whether he could accept service on their behalf. 18 4. NaphCare’s counsel has informed Plaintiff that he is not yet certain whether he 19 can accept service on behalf of the individual NaphCare Defendants—Vernon Maniago, Mandana 20 Ziaei-Ghafouri, Ivy Rose Volonte, EbonyMichelle Garner, Brittany Reyes, Sheldon Chase, Selma 21 Tabakovic, and Sheena Carnate. Counsel has assured Plaintiff that he will let her know the answer 22 soon. 23 5. Plaintiff moves for an additional 30 days to serve the individual NaphCare 24 Defendants. If counsel for NaphCare proves unable to timely accept service for the individual 25 NaphCare Defendants, Plaintiff will promptly resume her efforts to locate and serve them. 26 27 28 1 6. No Defendant will suffer prejudice from the granting of Plaintiff’s motion. 2 Defendants NaphCare, City of Henderson, and Jackie Gonzalez do not oppose Plaintiff’s motion 3 for a 30-day extension. 4 Wherefore, Plaintiff respectfully requests that the deadline to complete service as to 5 Defendants Vernon Maniago, Mandana Ziaei-Ghafouri, Ivy Rose Volonte, EbonyMichelle 6 Garner, Brittany Reyes, Sheldon Chase, Selma Tabakovic, and Sheena Carnate, be extended by 7 30 days, up to and including November 12, 2024. 8 9 DATED this 30th day of September 2024. 10 11 KAPLAN & GRADY LLC 12 /s/ Terah Tollner 13 Terah Tollner 14 Sarah Grady (pro hac vice) Terah Tollner (pro hac vice) 15 Adam J. Smith (pro hac vice) KAPLAN & GRADY LLC 16 2071 N. Southport Ave., Ste. 205 Chicago, IL 60614 17 –and – 18 Erica C. Medley 19 Nevada Bar No. 13959 20 HOLLAND & HART LLP 9555 Hillwood Drive, 2nd Floor 21 Las Vegas, NV 89134 Phone: (702) 669-4600 22 ecmedley@hollandhart.com 23 Attorneys for Plaintiff 24 25 IT IS SO ORDERED. 26 ________________________________ 27 U.S. MAGISTRATE JUDGE 28