United States of America v. Washinsky, No. 2:2022cv01803 - Document 8 (D. Nev. 2023)
Court Description: ORDER Granting 7 United States' Motion to Extend Time to Serve. Proof of service due by 6/26/2023. Signed by Magistrate Judge Cam Ferenbach on 4/27/2023. (Copies have been distributed pursuant to the NEF - LOE)
Download PDF
<![CDATA[
United States of America v. Washinsky Doc. 8 1 JASON M. FRIERSON United States Attorney 2 District of Nevada Nevada Bar No. 7709 3 LINDSAY AGER Assistant United States Attorney 4 Nevada Bar No. 11985 501 Las Vegas Blvd. So., Suite 1100 5 Las Vegas, Nevada 89101 6 702-388-6336 7 8 Lindsay.Ager@usdoj.gov Attorneys for the United States of America UNITED STATES DISTRICT COURT 9 10 11 12 DISTRICT OF NEVADA Case No. 2:22-cv-01803-APG-VCF United States of America, Plaintiff, 13 14 v. 15 Richard Washinsky, M.D., 16 United States’ Motion to Extend Time to Serve (Second Request) Defendant. 17 18 Under Federal Rule of Civil Procedure 4(m), the United States respectfully requests a 60- 19 day extension of time to serve process on defendant Richard Washinsky, M.D. The United States 20 has attempted 13 times, across six addresses, to serve Dr. Washinsky personally, without success. 21 The United States’ multiple attempts to locate and serve Dr. Washinsky equate to good cause for 22 granting an extension. Accordingly, the Court should grant the United States’ motion. 23 I. Background 24 On October 27, 2022, the United States filed a complaint against Dr. Washinsky alleging 25 violations of the Controlled Substances Act, 21 U.S.C. § 801 et seq., and its implementing 26 regulations, 21 C.F.R. § 1301 et seq. (Compl. (ECF No. 1).) Within a week of filing the complaint, 27 on November 4, 2022, the United States attempted to serve Dr. Washinsky. (See Affidavit of Due 28 Diligence (ECF No. 5-1).) After attempting service at five locations within ten weeks, the United 1 Dockets.Justia.com 1 States’ process server failed to locate and serve Dr. Washinsky. (Id. at 2.) In addition to the 2 numerous attempts described above, the United States’ process server searched the county 3 assessor, DMV, voter registration, and telephone directory for information relating to Dr. 4 Washinsky. (Id.) Despite these efforts, the United States was unable to locate and serve Dr. 5 Washinsky in Nevada. (Id.) 6 Based on information that Dr. Washinsky might be residing in Fort Meyers, Florida, the 7 United States requested its first service extension, which the Court granted. (Order (ECF No. 6).) 8 The United States retained a process server in Fort Meyers, who attempted service two times at 9 Dr. Washinsky’s brother’s house in Fort Meyers but was unable to serve Dr. Washinsky at that 10 address. (See Verified Return of Non-Service, attached as Exhibit 1.) Dr. Washinsky’s brother 11 informed the process server that Dr. Washinsky is now living in Fort Lauderdale, but the process 12 server was unable to locate a potential address using a skip trace. (Id.) Dr. Washinsky’s brother 13 also provided a telephone number for Dr. Washinsky. (Id.) The United States Attorney’s Office 14 conducted additional open-source research for a potential address for Dr. Washinsky in Fort 15 Lauderdale and was unable to locate one. (Decl. of Lindsay Ager, attached as Exhibit 2.) But the 16 United States is continuing to monitor public databases for a new address in Fort Lauderdale or 17 elsewhere. (Id.) 18 II. Analysis 19 A. Extension of Time to Serve 20 Under Federal Rule of Civil Procedure 4(m), a defendant must be served within 90 days 21 after the complaint is filed. Fed. R. Civ. P. 4(m). If the defendant is not served within the 90-day 22 period, the plaintiff can ask the court to extend the time for service. Id. The court must extend the 23 time for service if the plaintiff shows good cause for the failure to serve the defendant within 90 24 days. Lemoge v. United States, 587 F.3d 1188, 1198 (9th Cir. 2009) (citing prior version of Rule 4(m) 25 with a 120-day deadline); Fed. R. Civ. P. 4(m). Courts determine on a case-by-case basis whether 26 the party attempting service has shown good cause. In re Sheehan, 253 F.3d 507, 512 (9th Cir. 27 2001). Generally, good cause is demonstrated “where a plaintiff has shown diligent efforts to effect 28 service.” Signature Surgery Ctr. LLC v. Cel Servs. Grp., Inc., No. 2:21-CV-00215-JCM-EJY, 2022 WL 2 1 1432444, at *1 (D. Nev. Apr. 5, 2022). It is within the court’s discretion whether to extend the 2 time for service. Lemoge, 587 F.3d at 1198. 3 B. Given the United States’ diligence, there is good cause to extend the service 4 deadline. 5 The United States has been diligent in its attempts to serve Dr. Washinsky. Since filing the 6 complaint, the United States has tried 13 times, across six different addresses, to locate and serve 7 Dr. Washinsky in Las Vegas, Nevada, and Fort Meyers, Florida. The United States seeks 8 additional time to attempt to pinpoint an address in Fort Lauderdale, Florida, where Dr. 9 Washinsky’s brother stated Dr. Washinsky is living. Although a skip trace and other open-source 10 research did not pinpoint a Fort Lauderdale address, it is possible the address is too new to be 11 showing in public records. The United States has set up “alerts” in multiple databases and would 12 like to continue to monitor those databases for a new address. The United States also monitors the 13 Nevada State Board of Medical Examiners’ website for updates to Dr. Washinsky’s public 14 address, as he is a medical doctor with an active license in the State of Nevada. Additionally, the 15 United States’ process server will attempt to contact Dr. Washinsky at the telephone number 16 provided by Dr. Washinsky’s brother to determine if Dr. Washinsky will agree to meet the process 17 server to accept service of process. 18 III. Conclusion 19 The United States’ multiple attempts to locate and serve Dr. Washinsky demonstrate good 20 cause for an extension of the service deadline. Given its ongoing efforts to personally serve Dr. 21 Washinsky, the United States respectfully requests that the Court grant its 60-day motion to 22 extend the time limit for service from April 25, 2023, until June 26, 2023. 23 Dated: April 25, 2023 JASON M. FRIERSON United States Attorney 24 25 26 27 28 IT IS SO ORDERED. ______________________________ Cam Ferenbach United States Magistrate Judge 4-27-2023 DATED ________________________ /s/ Lindsay Ager LINDSAY AGER Assistant United States Attorney 3 Index of Exhibits • Exhibit 1 Verified Return of Non-Service • Exhibit 2 Declaration of Lindsay Ager EXHIBIT 1 Verified Return of Non-Service VERIFIED RETURN OF NON-SERVICE Job # FM32603 Client Info: Lindsay Ager, AUSA United States Attorney's Office Lindsay Ager, AUSA United States Attorney's Office 501 Las Vegas Boulevard South, Suite 1100 Las Vegas, NV 89101 Case Info: DISTRICT COURT PLAINTIFF: United States of America Court Case # 2:22-cv-01803-APG-VCF -versus- DEFENDANT: Richard Washinsky, M.D. Service Info: Received by Mark Zammett: on March, 21st 2023 at 03:44 PM Service: I Non-Served Dr. Richard Washinsky SUMMONS IN A CIVIL ACTION; COMPLAINT At Residence 6501 DABNEY ST. FORT MYERS, FL 33966 On 4/10/2023 at 12:26 AM Manner of Service: [X] Non-service: After due search, careful inquiry and diligent attempts at the address(es) listed below, I have been unable to effect the process upon the person/entity being served because of the following reason(s): [X] Other: Skip Trace/Research done, no viable addresses found in Florida, only older Nevada addresses found along with the Dabney St. address, which is the subject's brother's address. Service was Attempted on: (1) 3/22/2023 at 11:30 AM, by Mark Zammett Loc: 6501 Dabney St., Fort Myers, FL 33966 Notes: Server attempted - Not answering, Toyota Tundra plate: PINCHYS Left a card. (2) 3/23/2023 at 08:21 PM, by Mark Zammett Loc: 6501 Dabney St., Fort Myers, FL 33966 Notes: Server attempted: Alan Washinky says his brother now lives in Fort Lauderdale. His phone number is 702-401-6925. I Mark Zammett acknowledge that I am 18 years or older, authorized to serve process, in good standing in the jurisdiction wherein the process was served, and I have no interest in the above action. Under penalties of perjury, I declare that I have read the foregoing document and that the facts stated in it are true. Mark Zammett Lic # 157433 Accurate Serve Fort Myers 4600 Summerlin Road, Suite C2-411 Fort Myers, FL 33919 Phone: (239) 822-7299 Our Job # FM32603 Client Ref # RE: Fr Process Srvr Re: [EXTERNAL] Re: Process Server 1 of 1 DATE: 4/10/2023 TIME: 12:26 AM MARITAL STATUS: NA AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the District of Nevada __________ District of __________ ) ) ) ) ) ) ) ) ) ) ) ) United States of America Plaintiff(s) v. Richard Washinsky, M.D. Defendant(s) Civil Action No. 2:22-cv-01803-APG-VCF SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) Richard Washinsky, M.D. 9010 W. Cheyenne Ave. Las Vegas, Nevada 89129 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Lindsay Ager, AUSA United States Attorney's Office District of Nevada 501 Las Vegas Boulevard South, Suite 1100 Las Vegas, Nevada 89101 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: 10/28/2022 Signature of Clerk or Deputy Clerk EXHIBIT 2 Declaration of Lindsay Ager 1 JASON M. FRIERSON United States Attorney 2 District of Nevada Nevada Bar No. 7709 3 LINDSAY AGER Assistant United States Attorney 4 Nevada Bar No. 11985 501 Las Vegas Blvd. So., Suite 1100 5 Las Vegas, Nevada 89101 6 702-388-6336 7 8 Lindsay.Ager@usdoj.gov Attorneys for the United States of America 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 13 14 15 16 Case No. 2:22-cv-01803-APG-VCF United States of America, Plaintiff, Declaration of Lindsay Ager in Support of Motion to Extend Time to Serve v. Richard Washinsky, M.D., Defendant. 17 18 1. I, Lindsay Ager, am the Assistant United States Attorney in the United States 19 Attorney’s Office for the District of Nevada assigned to this case. I make this declaration under 20 28 U.S.C. § 1746 based on my recollection and the knowledge and information available to me as 21 an Assistant United States Attorney. 22 2. I made this declaration in support of the United States’ Motion to Extend Time to 3. In connection with this case, the United States Attorney’s Office has conducted 23 Serve. 24 25 searches in Thompson Reuter’s CLEAR investigation software and the LexisNexis Public 26 Records database to attempt to locate addresses to personally serve Dr. Washinsky, including 27 addresses in Las Vegas, Nevada, Fort Meyers, Florida, and Fort Lauderdale, Florida. The United 28 States has set up “alerts” in those databases to notify the United States of new information. The 1 1 United States also monitors the Nevada State Board of Medical Examiners’ website for updates 2 to Dr. Washinsky’s public address, as he is a medical doctor with an active license in the State of 3 Nevada. This research is in addition to the “skip traces” the Nevada- and Florida-based process 4 servers performed. 5 4. Given that neither the process server’s “skip trace” nor the United States’ research 6 has located a potential address for Dr. Washinsky in Fort Lauderdale, the United States seeks to 7 continue to monitor these sources, in addition to the other steps described in the United States’ 8 motion, in case Dr. Washinsky is a new resident of Fort Lauderdale and the sources the United 9 States is monitoring have not yet been updated to reflect the new address. 10 5. 11 Executed on April 25, 2023. 12 13 14 I declare under the penalty of perjury that the foregoing is true and correct. /s/ Lindsay Ager ____ Lindsay Ager Assistant United States Attorney 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
