Greybill v. NaphCare Inc.

1 Erica C. Medley Nevada Bar No. 13959 HOLLAND & HART LLP 9555 Hillwood Drive, 2nd Floor Las Vegas, NV 89134 Phone: (702) 669-4600 [email protected] Sarah Grady (pro hac vice) Terah Tollner (pro hac vice) Adam J. Smith (pro hac vice) KAPLAN & GRADY LLC 2071 N. Southport Ave., Ste. 205 Chicago, Illinois 60614 (312)852-2184 [email protected] [email protected] [email protected] Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEVADA Michelle Greybill, as Administrator of the Estate of John Greybill, Case No: 2:24-cv-01276-CDS-EJY 17 Plaintiff, PLAINTIFF’S MOTION FOR v. EXTENSION OF TIME TO SERVE NaphCare, Inc., City of Henderson, Vernon Maniago, Mandana Ziaei-Ghafouri, Ivy Rose Volonte, EbonyMichelle Garner, Brittany Reyes, Sheldon Chase, Selma Tabakovic, Sheena Carnate, and Jackie Gonzalez, Defendants.

Plaintiff Michelle Greybill, as Administrator of the Estate of John Greybill, by and through her attorneys, Kaplan & Grady LLC and Holland & Hart LLP, respectfully asks this Court for an extension of 30 days, up to and including November 12, 2024, to serve certain Defendants in this matter. This is Plaintiff’s first request for an extension of time to serve certain Defendants. In support of her motion, Plaintiff states as follows: 1. Plaintiff filed her Complaint on July 15, 2024. See ECF No. 1. The deadline to complete service is October 13, 2024. See Fed. R. Civ. P. 4(m) (90 days for service after complaint is filed); Fed. R. Civ. P. 6(a)(2) (rules for computing time).

2. The Federal Rules provide that if a plaintiff “shows good cause” for failing to serve a defendant within the time specified by the rule, “the court must extend the time for service for an appropriate period.” Fed. R. Civ. P. 4(m). Even absent a showing of good cause, “courts have broad discretion to extend time for service under Rule 4(m).” Efaw v. Williams, 473 F.3d 1038, 1041 (9th Cir. 2007).

3. Here, good cause exists to extend the time for service. Plaintiff has worked diligently to locate and serve Defendants. Plaintiff has effected timely service on two Defendants, Defendant City of Henderson and Defendant NaphCare, Inc. (NaphCare). See ECF Nos. 15, 17.

In addition, Defendant Jackie Gonzalez has timely executed a waiver of service. See ECF No. 16.

In an effort to serve the remaining Defendants—eight individuals whom Plaintiff alleges were NaphCare employees at all times relevant to the claims in this case—Plaintiff contacted NaphCare’s counsel to ascertain whether he could accept service on their behalf.

4. NaphCare’s counsel has informed Plaintiff that he is not yet certain whether he can accept service on behalf of the individual NaphCare Defendants—Vernon Maniago, Mandana Ziaei-Ghafouri, Ivy Rose Volonte, EbonyMichelle Garner, Brittany Reyes, Sheldon Chase, Selma Tabakovic, and Sheena Carnate. Counsel has assured Plaintiff that he will let her know the answer soon.

5. Plaintiff moves for an additional 30 days to serve the individual NaphCare Defendants. If counsel for NaphCare proves unable to timely accept service for the individual NaphCare Defendants, Plaintiff will promptly resume her efforts to locate and serve them.

1 6. No Defendant will suffer prejudice from the granting of Plaintiff’s motion.

2 Defendants NaphCare, City of Henderson, and Jackie Gonzalez do not oppose Plaintiff’s motion for a 30-day extension.

4 Wherefore, Plaintiff respectfully requests that the deadline to complete service as to Defendants Vernon Maniago, Mandana Ziaei-Ghafouri, Ivy Rose Volonte, EbonyMichelle Garner, Brittany Reyes, Sheldon Chase, Selma Tabakovic, and Sheena Carnate, be extended by 30 days, up to and including November 12, 2024.

9 DATED this 30th day of September 2024.

11 KAPLAN & GRADY LLC /s/ Terah Tollner 13 Terah Tollner 14 Sarah Grady (pro hac vice) Terah Tollner (pro hac vice) 15 Adam J. Smith (pro hac vice) KAPLAN & GRADY LLC 16 2071 N. Southport Ave., Ste. 205 Chicago, IL 60614 –and – Erica C. Medley Nevada Bar No. 13959 20 HOLLAND & HART LLP 9555 Hillwood Drive, 2nd Floor 21 Las Vegas, NV 89134 Phone: (702) 669-4600 22 [email protected] 23 Attorneys for Plaintiff 25 IT IS SO ORDERED. ________________________________ U.S. MAGISTRATE JUDGE