Board of Trustees of the Teamsters Local 631 Security Fund for Southern Nevada v. BH&L Decorators Inc.

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 * * * BOARD OF TRUSTEES OF THE Case No. 2:24-cv-01383-APG-EJY TEAMSTERS LOCAL 631 SECURITY FUND FOR SOUTHERN NEVADA; BOARD OF TRUSTEES OF THE TEAMSTERS CONVENTION ORDER INDUSTRY TRAINING FUND; BOARD OF TRUSTEES OF THE TEAMSTERS LOCAL 631 CONVENTION VACATION SAVINGS PLAN, Plaintiffs, v. BH&L DECORATORS INC., a Florida corporation, 13 Defendant.

15 Pending before the Court is Plaintiff’s Motion to Enlarge Time Period for Service. ECF No. 8. Under Federal Rules of Civil Procedure, Plaintiff has ninety (90) days to serve the Complaint and Summons on Defendant after the Complaint was filed. Fed. R. Civ. P. 4(m). If Plaintiff shows good cause, the Court may extend the time for service for an appropriate period of time. Id. “Generally, good cause is demonstrated ‘where a plaintiff has shown diligent efforts to effect service.’”

20 Signature Surgery Ctr. LLC v. Cel Servs. Grp., Inc., Case No. 2:21-cv-00215-JCM-EJY, 2022 WL 21 1432444, at *1 (D. Nev. Apr. 5, 2022) (quoting Mitchell v. City of Henderson, Case No. 2:13-cv- 01154-APG-CWH, 2015 WL 427835, at *7 (D. Nev. Feb. 2, 2015)). Courts enjoy substantial discretion to enlarge the time for service for any reason, even if there is no good cause shown. Id. 24 Here, Plaintiff has established good cause for the extension requested. Plaintiff has engaged in substantial effort to serve Defendant in Florida where Defendant’s resident agent was located; however, the resident agent no longer resides at the address identified. Plaintiff also spoke on several occasions with an individual believed to be associated with Defendant, but that individual disclaims Defendant who is located in Winter Haven, Florida. Plaintiff’s efforts, only summarized herein, have been substantial.

3 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motion to Enlarge Time Period for Service (ECF No. 8) is GRANTED.

5 IT IS FURTHER ORDERED that Plaintiff shall have through and including December 23, 2024 to attempt effective service on Defendant.

7 Dated this 25th day of October, 2024.

9 ELAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE