Emanuel v. Collins

1 Rene L. Valladares Federal Public Defender Nevada State Bar No. 11479 *Ryan Norwood Assistant Federal Public Defender New Hampshire Bar No. 15604 *Amy B. Cleary Ohio State Bar No. 0068425 [email protected] E. Bonneville Ave., Ste. 250 Las Vegas, Nevada 89101 (702) 388-6577 [email protected] *Attorney for Plaintiff Troy Emanuel, Jr. 12 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA Troy Emanuel, Jr., Plaintiff, Case No. 3:20-cv-00566-RCJ-CLB v. Order Granting Second Joint Stipulation to Extend Service of Collin, et al., Process Date Defendants.

The parties stipulate that counsel for Plaintiff Troy Emanuel, Jr., shall have an additional 30 days, or until January 3, 2024, to serve Defendant Brandon Stubbs with a summons, the amended complaint, and the order granting the motion to amend the complaint. This is the second stipulation requesting additional time to make service on Defendant Stubbs.

The parties enter this stipulation under Fed. R. Civ. P. 4(m) in good faith and for good cause based on the following.

1 On September 21, 2023, this Court ordered that service of the summons, the amended complaint (ECF No. 139), and the order granting the motion to amend the complaint (ECF No. 129), be served on Defendant Brandon Stubbs by November 20, 2023. ECF No. 158. However, given Mr. “Emanuel’s pro se status and the issues with service,” the Court directed the Clerk to issue a summons for Defendant and Stubbs and also directed the U.S. Marshal to serve the summons and above-listed documents on him. ECF No. 158. Unfortunately, the U.S. Marsal could not perfect service on Defendant Stubbs. ECF No. 166.

9 Though Defendant Stubbs’ home address remains under seal (ECF No. 158), Mr. Emanuel’s counsel believed they located Stubb’s home address and obtained a two-week extension of time from the Court to perfect service through a process server. ECF Nos. 174, 175. Though attempts to serve Defendant Stubbs were made during that two-week period, additional time is necessary to perfect service.

14 The deadline for service is currently December 4, 2023. ECF No. 175. An extension of the time for service, however, should be granted when the plaintiff shows good cause. See Federal Rule of Civil Procedure Rule 4(m); Lemoge v. United States, 587 F.3d 1188, 1198 (9th Cir. 2009) (Rule4(m) establishes a “mandatory” rule that the “district court must extend time for service upon a showing of good cause”).

20 The parties submit good cause exists here to extend the time for service on Defendant Stubbs, including: (1) Mr. Emanuel’s pro se status; (2) the failed attempt at service on Defendant Stubbs by the U.S. Marshal; (3) the failed attempts by Mr. Emanuel’s process server to serve Mr. Stubbs at the home address located by Mr. Emanuel’s counsel; and (4) the need for Mr. Emanuel’s process server to make additional attempts at service on Defendant Stubbs. The parties therefore stipulate to extend the service date on Defendant for 30 days, until January 3, 2024. See Fed. R. Civ. P. 4(m); Lemoge, 587 F.3d. at 1198.

1 Dated December 4, 2023.

3 Aaron D. Ford Rene L. Valladares Attorney General Federal Public Defender s/ Andrew C. Nelson s/ Ryan Norwood Andrew C. Nelson Ryan Norwood Deputy Attorney General Assistant Federal Public Defender 3 s/ Amy B. Cleary Amy B. Cleary 9 Assistant Federal Public Defender IT IS SO ORDERED: 14 .

16 UNITED'STATES MAGISTRATE JUDGE DATED: December 4, 2023