Opinion
2:22-CV-00365-ART-DJA
11-23-2022
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.
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 sixty (60) days through and including January 23, 2023 within which to effectuate service of the Summons, Complaint and Standing Order upon Defendant, TRAVEL INSURANCE FACILITIES, PLC, a Foreign Corporation, and state as follows:
1. Since the filing of the Complaint, the Plaintiff has attempted to obtain Article 5 service of the Summons, Amended Complaint and Standing Order on Defendant, TRAVEL INSURANCE FACILITIES, PLC, a Foreign Corporation (“TIF”), through the Hague Convention.
2. The undersigned is making another attempt at serving the Defendant, TIF after obtaining a new summons removing Jonathon Phillips as the representative for Defendant, TIF. The Summons, Amended Complaint and Standing Order are in transit to the Royal Courts of Justice for service through Article 5 of the Hague Convention. A true and correct copy of the most recent correspondence with the Foreign Process Section of the Hague Convention attesting to the Plaintiffs' efforts to obtain service on TIF through Article 5 of the Hague Convention is attached to this Motion as Exhibit A.
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 sixty (60) days to obtain service of the Summons and Amended Complaint upon the Defendant, TIF 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.
6. The undersigned has contacted counsel for the Defendant has no objection to the filing of this Motion or the relief sought herein.
WHEREFORE, for the foregoing reasons, Plaintiffs, Valley Health System, LLC, DVH Hospital Alliance, LLC, and Summerlin Hospital Medical Center, LLC, respectfully request an additional sixty (60) days through and including January 23, 2023, in which to effectuate service of Summons and Amended Complaint upon the Defendant, TIF as aforesaid and for such other and further relief as the Court deems appropriate.
Having reviewed Plaintiffs' motion, the Court finds good cause to extend the time for service.
IT IS THEREFORE ORDERED that Plaintiffs' motion for an extension of time (ECF No. 44) is GRANTED. Plaintiffs shall have until January 23, 2023 to effectuate service on Defendant Travel Insurance Facilities, PLC.