Emanuel v. Collins

Opinion

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 411 E. Bonneville Ave., Ste. 250 5 Las Vegas, Nevada 89101 6 (702) 388-6577 Ryan_Norwood@fd.org 7 8 *Attorney for Plaintiff Troy Emanuel, Jr. 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 Troy Emanuel, Jr., 13 Plaintiff, Case No. 3:20-cv-00566-RCJ-CLB 14 v. Order Granting Joint Stipulation to Extend Service 15 Collin, et al., of Process Date 16 Defendants. 17 18 The parties stipulate that counsel for Plaintiff Troy Emanuel, Jr., shall have 19 an additional 14 days, or until December 4, 2023, to serve Defendant Brandon 20 Stubbs with a summons, the amended complaint, and the order granting the motion 21 to amend the complaint. The parties enter this stipulation under Fed. R. Civ. P. 22 4(m). The parties make this stipulation in good faith and for good cause based on 23 the following. 24 On September 21, 2023, this Court entered an Order directing newly added 25 Defendants Shane Brown and Brandon Stubbs be served with a summons, the 26 amended complaint (ECF No. 139), and the order granting the motion to amend the 27 1 complaint (ECF No. 129). ECF No. 158. The Court ordered that service on these 2 Defendants be completed by November 20, 2023. ECF No. 158. 3 However, given Mr. “Emanuel’s pro se status and the issues with service,” the 4 Court directed the Clerk to issue a summons for Defendants Brown and Stubbs and 5 also directed the U.S. Marshal to serve the summons and above-listed documents on 6 them. ECF No. 158. As a result, Defendant Brown was served on November 10, 7 2023. ECF No. 173. However, service could not be made on Defendant Stubbs. ECF 8 No. 166. 9 Though Defendant Stubbs’ home address remains under seal (ECF No. 158), 10 Mr. Emanuel’s counsel believe they have located Defendant Stubbs’ home address. 11 Mr. Emanuel’s counsel is thus preparing the summons, amended complaint, and 12 order granting the motion to amend the complaint for service on Defendant Stubbs 13 through an external process server. Additional time is thus needed to allow the 14 process server to serve Defendant Stubbs. 15 The deadline for service is currently November 20, 2023. ECF No. 158. An 16 extension of the time for service, however, should be granted when the plaintiff 17 shows good cause. See Federal Rule of Civil Procedure Rule 4(m); Lemoge v. United 18 States, 587 F.3d 1188, 1198 (9th Cir. 2009) (Rule4(m) establishes a “mandatory” 19 rule that the “district court must extend time for service upon a showing of good 20 cause”). 21 The parties submit good cause exists here to extend the time for service on 22 Defendant Stubbs, including: (1) Mr. Emanuel’s pro se status; (2) the failed attempt 23 at service on Defendant Stubbs by the U.S. Marshal; (3) Defendant Stubbs’ home 24 address remains under seal; and (4) the need for Mr. Emanuel’s counsel to hire an 25 outside process service to complete service on Defendant Stubbs. The parties 26 therefore stipulate to extend the service date on Defendant for 14 days, until 27 December 4, 2023. See Fed. R. Civ. P. 4(m); Lemoge, 587 F.3d. at 1198. 1] | Dated November 20, 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: November 20, 2023 18 19 20 21 22 23 24 25 26 27