Callier v. Bykhovsky ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 BRANDON CALLER: Case No. 2:24-cv-01003-RFB-NJK Plaintiff(s), 5 Order v. 6] ALEXANDER BYKHOVSKY, et al., [Docket No. 9] 7 Defendant(s). 8 Pending before the Court is Plaintiff's motion to extend time to effectuate service on Defendants. Docket No. 9. 10 Service of process must generally be completed within 90 days. Fed. R. Civ. P. 4(m). The 11} Court must extend that deadline upon a showing of good cause and has discretion to extend the 12] deadline even in the absence of good cause. See id. Service on individuals in foreign countries is 13} generally not subject to the Rule 4(m) deadline. See id. (excluding service effectuated pursuant to 141 Rule 4(f)); see also Lucas y. Natoli, 936 F.2d 432, 432 (9th Cir. 1991) (addressing predecessor version of Rule 4(m)). Nonetheless, courts possess inherent authority to set a deadline for foreign 16] service. Inst. of Cetacean Rsch. v. Sea Shepherd Conserv. Soc’y, 153 F. Supp. 3d 1291, 1320 17] (W.D. Wash. 2015) (collecting cases). 18 In this case, Plaintiff has been attempting to secure acceptance of service without success. 19] Docket No. 9 at 2. Plaintiff also explains that service efforts are complicated by the fact that Defendant Bykhovsky is believed to be in Puerto Rico and that one of the Nevada addresses for 21] Defendant Alex Gold Holdings does not appear to be a valid address. See Docket No. 9 at 2. 22 Given the circumstances, the motion to extend time is GRANTED. The new deadline to 23] complete service is SET for November 18, 2024. 24 IT IS SO ORDERED. he 25 Dated: September 17, 2024 f * Ss , xe > 26 N\ Nancy J.Koppe 6 27 United States Magistrate Judge 28