Las Vegas Wave Group, LLC v. The Wave Group Global, Inc., et al.

• Court: District Court, D. Nevada
• Decided: February 5, 2026
• Docket: 2:25-cv-02044
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Las Vegas Wave Group, LLC, 2:25-cv-02044-JAD-MDC

4 Plaintiff(s), ORDER GRANTING MOTION TO EXTEND TIME FOR SERVICE (ECF No. 7) 5 vs. 6 The Wave Group Global, Inc., et al., 7 Defendant(s). 8 Plaintiff filed a Motion to Extend Time for Service. (“Motion”). ECF No. 7. The Court 9 GRANTS the Motion. The Court grants the request for additional time and will allow plaintiff until 10 March 9, 2026, to serve defendant Foster Gillett (“Gillett”). 11 I. LEGAL STANDARD 12 The Federal Rules of Civil Procedure provide for service within the United States pursuant to 13 the law of the state in which the district court is located, or in which service is made. See, e.g., FRCP 14 4(e)(1). Rule 4 states that “the plaintiff is responsible for having the summons and complaint served 15 within the time allowed by Rule 4(m)[.] 16 There are several factors courts consider in evaluating a party's due diligence, including the 17 number of attempts made to serve the defendant at his residence and other methods of locating 18 defendants, such as consulting public directories and family members. See Price v. Dunn, 106 Nev. 19 100, 102-104, 787 P.2d 785, 786-787 (Nev. 1990). Regarding extensions, “a district court may 20 consider factors ‘like statute of limitations bar, prejudice to the defendant, actual notice of a lawsuit, 21 and eventual service.’” Efaw v. Williams, 473 F.3d 1038, 1041 (9th Cir. 2007) (quoting Troxell v. 22 Fedders of N. Am. Inc., 160 F.3d 381, 383 (7th Cir. 1998)). 23 II. ANALYSIS 24 Plaintiff provides a declaration of counsel, who states that Gillett is aware of this litigation and 25 1 parties are discussing private mediation. ECF No. 7 at 3-4. Plaintiff's counsel further states that 2 || Gillett’s counsel has indicated he will waive service in the event the parties are unable to agree to an 3 || early resolution of the case. /d. at 4. The Court has broad discretion to permit an extension under Rule 4 ||4 and grants plaintiff such extension. The defendants will not be prejudiced by a reasonable extension. 5 ACCORDINGLY, 6 IT IS ORDERED that: 7 1. Plaintiffs Motion to Extend Time for Service (ECF No. 7) is GRANTED. 2. Plaintiff has until February 19, 2026, to serve the defendant. 9 10 DATED: February 5, 2026. IT IS SO ORDERED. “A A Lf □□

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