Machuca v. Clark County School District ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 * * * 4 AM, a Minor Individual; ARLENE Case No. 2:24-cv-001065-CDS-EJY MACHUCA, as Parent and Guardian of 5 AM, a Minor, ORDER 6 Plaintiff, 7 v. 8 CLARK COUNTY SCHOOL DISTRICT, a Political Subdivision of the State of Nevada; 9 JUSTIN DIMITRI KNIGHT, an Individual; and DOES II-X, Unknown Persons or 10 Entities, 11 Defendants. 12 13 Pending before the Court is Plaintiff’s Motion to Extend Time for Service on Defendant 14 Justin Dimitri Knight (“Knight”). ECF No. 10. Plaintiff requests an additional 120 days to serve 15 Knight because, despite diligent attempts to serve, those attempts have been unsuccessful. Id. 16 I. Discussion 17 Federal Rule of Civil Procedure 4(m) states that if a plaintiff demonstrates “good cause” for 18 failure to timely serve a defendant “the court must extend the time for service for an appropriate 19 period.” “Generally, good cause is equated with diligence.” Elliott v. Williams, Case No. 2:19-CV- 20 00383-GMN-BNW, 2021 WL 1612295, at *2 (D. Nev. Apr. 23, 2021). Here, Plaintiff’s process 21 server conducted an extensive investigation in an attempt to locate and serve Knight. ECF No. 10. 22 Those efforts have not resulted in effective service. Id. In sum, Plaintiff demonstrates good cause 23 in support of the requested extension to serve; provided, however, that to the extent alternative forms 24 of service are requested, Plaintiff must seek specific permission from the Court. 25 II. Order 26 Accordingly, and based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s Motion 27 to Extend Time for Service on Defendant Justin Dimitri Knight (ECF No. 10) is GRANTED. 1 IT IS FURTHER ORDERED that the time within which Plaintiff must serve Defendant 2 Justin Dimitri Knight is extended to November 6, 2024. 3 Dated this 11th day of July, 2024. 4 5 ELAYNA J. YOUCHAH 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27