Opinion
2:22-CV-00365-ART-DJA
04-29-2022
VALLEY HEALTH SYSTEM, LLC, a Delaware Limited Liability company, DVH HOSPITAL ALLIANCE, LLC, a Delaware Limited Liability company, and SUMMERLIN HOSPITAL MEDICAL CENTER, LLC, a Delaware Limited Liability company, Plaintiffs, v. TRAVEL INSURANCE FACILITIES, PLC, a Foreign Corporation, UNION REISEVERSICHERUNG AKTIENGESELLSCHAFT, a Foreign Corporation, Defendants.
WILEY PETERSEN, JASON M. WILEY, ESQ., RYAN S. PETERSEN, ESQ., Timothy M. Hartley, Esq., HARTLEY LAW OFFICES, PLC, Attorneys for Plaintiffs Valley Health Systems, LLc, DVH Hospital Alliance, LLC and Summerlin Hospital Medical Center, LLC Pat Lundvall, Daniel Aquino, McDONALD CARANO LLP Attorneys for Defendants Travel Insurance Facilities, PLC and Union Reiseversicherung Aktiengesellschaft
WILEY PETERSEN, JASON M. WILEY, ESQ., RYAN S. PETERSEN, ESQ., Timothy M. Hartley, Esq., HARTLEY LAW OFFICES, PLC, Attorneys for Plaintiffs Valley Health Systems, LLc, DVH Hospital Alliance, LLC and Summerlin Hospital Medical Center, LLC
Pat Lundvall, Daniel Aquino, McDONALD CARANO LLP Attorneys for Defendants Travel Insurance Facilities, PLC and Union Reiseversicherung Aktiengesellschaft
PLAINTIFF'S LOCAL RULE IA 6-1. MOTION FOR ENLARGEMENT OF TIME TO EFFECTUATE SERVICE
DANIEL J. ALBREGTS, UNITED STATES MAGISTRATE JUDGE.
COME NOW, Plaintiffs, Valley Health System, LLC, DVH Hospital Alliance, LLC, and Summerlin Hospital Medical Center, LLC, (collectively, “Plaintiffs”), by and through their undersigned counsel, and, pursuant to Local Rule 6-1 hereby move this Honorable Court for an enlargement of time for an additional ninety (90) days through and including July 27, 2022 within which to effectuate service of the Summons, Complaint and Standing Order upon Defendants, TRAVEL INSURANCE FACILITIES, PLC, a Foreign Corporation, and UNION REISEVERSICHERUNG AKTIENGESELLSCHAFT, a Foreign Corporation and state as follows:
1. Since the filing of the Complaint, the Plaintiff has attempted to obtain service of the Summons, Complaint and Standing Order on Defendants, TRAVEL INSURANCE FACILITIES, PLC, a Foreign Corporation (“TIF”), and UNION REISEVERSICHERUNG AKTIENGESELLSCHAFT, a Foreign Corporation (“URV”) through the Hague Convention.
2. The undersigned has been advised that due to processing delays in the United Kingdom and Germany, there have been significant delays in obtaining service and receiving proof of service on the Defendants.
3. While Fed.R.Civ.P. 4(m) requires service within 90 days after filing of a Complaint, subdivision (m) does not apply to service in a foreign country under Rule 4(f) or 4(h)(2), the provisions under which the Plaintiff is attempting to obtain service on the Defendants in this action.
4. Nevertheless, in an abundance of caution and in the interests of judicial economy, the Plaintiff requests an additional 90 days to obtain service of the Summons, Complaint and Standing Order upon the Defendants and respectfully requests this Honorable Court enter its Order enlarging the time to effectuate service accordingly.
5. This Motion is made in good faith and not for the purposes of harassment or delay.
WHEREFORE, for the foregoing reasons, Plaintiffs, Valley Health System, LLC, DVH Hospital Alliance, LLC, and Summerlin Hospital Medical Center, LLC, respectfully request an additional ninety (90) days through and including July 27, 2022, in which to effectuate service of Summons and Complaint upon the Defendants, TIF and URV as aforesaid and for such other and further relief as the Court deems appropriate.
IT IS THEREFORE ORDERED that Plaintiffs' motion for an enlargement of time is GRANTED. Plaintiffs shall have until July 27, 2022 to effectuate service.