Henry v. Aim Chassis, LLC

[3] UNITED STATES DISTRICT COURT [4] DISTRICT OF NEVADA [5] 6 GARY HENRY, Case No. 2:25-cv-00462-MMD-NJK 7 Plaintiff, Order 8 v. [Docket Nos. 25, 27] 9 AIM CHASSIS, LLC., et al., 10 Defendants. 11 Pending before the Court is Plaintiff’s renewed motion to file a second amended complaint, 12 Docket No. 25, which is GRANTED.1 Plaintiff must promptly file the second amended 13 complaint. 14 Also pending before the Court is Plaintiff’s ex parte motion to extend time to serve the 15 second amended complaint.2 Docket No. 27. Service of process must generally be completed 16 within 90 days. Fed. R. Civ. P. 4(m). The Court must extend that deadline upon a showing of 17 good cause and has discretion to extend the deadline even in the absence of good cause. See id. 18 Service on individuals in foreign countries is generally not subject to the Rule 4(m) deadline. See 19 id. (excluding service effectuated pursuant to Rule 4(f)); see also Lucas v. Natoli, 936 F.2d 432 , 20 432 (9th Cir. 1991) (addressing predecessor version of Rule 4(m)). Nonetheless, courts possess 21 inherent authority to set a deadline for foreign service. Inst. of Cetacean Rsch. v. Sea Shepherd 22 Conserv. Soc’y, 153 F. Supp. 3d 1291, 1320 (W.D. Wash. 2015) (collecting cases). [24] 1 It is within a magistrate judge’s authority to grant leave to amend. Underwood v. O’Reilly 25 Auto Enterps., LLC, 342 F.R.D. 338 , 342 n.2 (D. Nev. 2022) (collecting cases). 26 2 The motion was filed on an ex parte basis without any showing as to why the Court should resolve the motion without affording notice and an opportunity to respond to the opposing party, 27 especially when there no defendants who have appeared. See Local Rule IA 7-2(b); see also Docket No. 20 (dismissing Defendant Aim Chassis, LLC without prejudice). The Clerk is 28 INSTRUCTED to remove the ex parte designation from Plaintiff’s motion. ] Plaintiff submits that Defendant China International Marine Containers and Defendant 2|| Evergreen International, S.A., are foreign corporations and are being served though the Hague 3}, Convention. Docket No. 27 at 2. Plaintiff submits that he has hired an international service which 4] specializes in service abroad of judicial documents. /d. at 2-3. Given the circumstances, the motion to extend time is GRANTED. Docket No. 27. The new deadline to complete service is 6| SET for September 29, 2025. 7 IT IS SO ORDERED. 8 Dated: June 16, 2025 9 Ju~X Bo UnitedStates Magistrate Judge