Stafford vs Asset Receivables Management, LLC, et al, No. 2:2022cv00130 - Document 12 (D. Nev. 2022)
Court Description: ORDER granting 11 Motion to Extend Time to Serve Defendants. Plaintiff shall have until 7/26/2022 to serve defendants. Signed by Magistrate Judge Daniel J. Albregts on 5/31/2022. (Copies have been distributed pursuant to the NEF - KF)
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Stafford vs Asset Receivables Management, LLC, et al Doc. 12 Case 2:22-cv-00130-APG-DJA Document 12 Filed 05/31/22 Page 1 of 12 1 2 3 4 Craig B. Friedberg, Esq. LAW OFFICES OF CRAIG B. FRIEDBERG, ESQ. Nevada Bar No. 004606 4760 South Pecos Road, Suite 103 Las Vegas, Nevada 89121 (702) 435-7968 – telephone (702) 825-8071 – facsimile attcbf@cox.net 5 6 7 8 9 James J. Parr, Esq. AGRUSS LAW FIRM, LLC Illinois Bar No.: 6317921 4809 N. Ravenswood Avenue, Suite 409 Chicago, IL 60640 (312) 224-4695 – telephone (312) 253-4451 – facsimile james@agrusslawfirm.com Admitted Pro Hac Vice 10 11 Attorneys for Plaintiff, ALICIA STAFFORD 12 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 13 14 15 16 17 18 19 20 ALICIA STAFFORD, ) ) Case No.: 2:22−cv−00130−APG−DJA Plaintiff, ) ) v. ) ASSET RECEIVABLES MANAGEMENT ) LLC; IMPERIAL CAPITAL GROUP LLC; ) and CASCADE CAPITAL, LLC, ) ) ) Defendants. ) 21 22 23 PLAINTIFF’S RESPONSE TO THIS HONORABLE COURT’S NOTICE REGARDING INTENTION TO DISMISS PURSUANT TO FRCP 4(m) AND REQUEST FOR ADDITIONAL TIME TO SERVE DEFENDANTS, ASSET RECEIVABLES MANAGEMENT LLC AND IMPERIAL CAPITAL GROUP LLC 24 Plaintiff, ALICIA STAFFORD (“Plaintiff”), through her undersigned counsel, responds to this 25 Honorable Court’s Notice Regarding Intention to Dismissal Pursuant to Rule 4(m) of the Federal Rules 26 27 of Civil Procedure, (Doc. No. 10), and requests that the Court grant additional time for Plaintiff to serve 28 1 Dockets.Justia.com Case 2:22-cv-00130-APG-DJA Document 12 Filed 05/31/22 Page 2 of 12 1 Defendants, Asset Receivables Management, LLC (“Asset”) and Imperial Capital Group, LLC 2 (“Imperial”), as follows: 3 1. To date, Plaintiff has been unsuccessful serving Asset and Imperial with the Summons and 4 Complaint. 5 2. Plaintiff has been diligent in attempting service of the Summons and Complaint on Asset and 6 Imperial. 7 8 3. Plaintiff has attempted to serve Asset at the address that it has designated with the New York 9 Department of State 1 but was unsuccessful because “[t]he whole building is vacant empty all 10 locked up the outside is a torn up awnings but it’s all empty inside.” (Attached hereto as Exhibit 11 A is a Proof of [Non-]Service prepared by the process server). 12 4. Plaintiff also attempted to serve Asset at a known alternate address but was unsuccessful 13 because: 14 15 This is a bad address. Server entered the building and searched the entire directory. Targets name was not in the directory. Suite 1102 Is an attorneys office (Battista, Robert ESQ). Server went to suite and was told it was the wrong address. 1102 is Eastern Abstract of WNY INC (also a satellite office for Battista). 16 17 18 19 (Attached hereto as Exhibit B is a Proof of [Non-]Service prepared by the process server). 20 5. Plaintiff has attempted to serve Imperial by way of its registered agent, Jonathan DiMusto, at 21 the address that it has designated with the North Carolina Secretary of State 2 but was 22 unsuccessful because Mr. DiMusto apparently did not live there anymore. (Attached hereto as 23 Exhibit C is a Proof of [Non-]Service prepared by the process server). 24 25 26 27 1 28 Asset is a New York limited liability company and does not appear to be registered with the Nevada Secretary of State. Asset is a North Carolina limited liability company and does not appear to be registered with the Nevada Secretary of State. 2 2 Case 2:22-cv-00130-APG-DJA Document 12 Filed 05/31/22 Page 3 of 12 1 2 3 6. Plaintiff also attempted to serve Imperial at a known alternative address for Mr. DiMusto, but was also unsuccessful because Mr. DiMusto reportedly moved to Mexico. (Attached hereto as Exhibit D is email correspondence with the process server). 4 7. Plaintiff and her counsel are determined to hold Asset and Imperial accountable for their 5 6 actions, but need additional time to further investigate, track down, and serve Asset and 7 Imperial and/or explore alternative means of service. 8 8. Plaintiff’s counsel inadvertently failed to timely file a request for an extension of time to serve 9 Asset and Imperial before the ninety-(90)-day timeframe passed pursuant to Federal Rule of 10 Civil Procedure 4(m). 11 12 13 9. Plaintiff’s undersigned counsel did not intend to disrupt the course of the proceedings and apologizes to this Honorable Court for this error and assumes full responsibility. 14 10. Plaintiff and her counsel request that the Court grant Plaintiff and her counsel a retroactive 15 extension of time, including an additional sixty (60) days from the current date, to serve both 16 Asset and Imperial with the Summons and Complaint and file proofs of service accordingly. 17 18 11. Plaintiff and her undersigned counsel assert that they have shown good cause to be granted their 19 requested relief. 20 WHEREFORE, based on the foregoing, Plaintiff, ALICIA STAFFORD, respectfully requests 21 that this Honorable Court grant Plaintiff and her counsel, a retroactive extension of time, including 22 sixty (60) additional days from the current date, through July 26, 2022, to both serve Defendants, 23 ASSET RECEIVABLES MANAGEMENT LLC and IMPERIAL CAPITAL GROUP LLC, with the 24 25 26 27 28 3 Case 2:22-cv-00130-APG-DJA Document 12 Filed 05/31/22 Page 4 of 12 1 Summons and Complaint and file proofs of service accordingly. 2 DATED: May 27, 2022 Respectfully submitted, AGRUSS LAW FIRM, LLC 3 4 By: /s/ James J. Parr James J. Parr, Esq. Illinois Bar No.: 6317921 4809 N. Ravenswood Avenue, Suite 409 Chicago, IL 60640 (312) 224-4695 – telephone (312) 253-4451 – facsimile james@agrusslawfirm.com Attorney for Plaintiff Admitted Pro Hac Vice 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ORDER For good cause appearing therein, the Court grants Plaintiff's request for an additional 60 days within which to serve defendants. Accordingly, Plaintiff shall have until July 26, 2022 within which to serve defendants. IT IS SO ORDERED. DATED this 31st day of May, 2022. 19 20 21 22 _________________________________ DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 4 Case 2:22-cv-00130-APG-DJA Document 12 Filed 05/31/22 Page 5 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A Case 2:22-cv-00130-APG-DJA Document 12 Filed 05/31/22 Page 6 of 12 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. 2:22-CV-00130-APG-DJA PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) asset recievables management llc was received by me on (date) 01/31/2022. I personally served the summons on the individual at (place) ; or on (date) I left the summons at the individual’s residence or usual place of abode with (name) person of suitable age and discretion who resides there, on (date) to the individual’s last known address; or I served the summons on (name of individual) service of process on behalf of (name of organization) ; or X , a , and mailed a copy , who is designated by law to accept on (date) I returned the summons unexecuted because: The whole building is vacant empty all locked up the outside is a torn up awnings but it’s all empty inside ; or Other: My fees are $ ; or for travel and $ for services, for a total of $ $. I declare under penalty of perjury that this information is true. Date: 01/31/2022 Server's signature Joseph Jeziorowski Printed name and title 1260 Delaware Ave. Buffalo NY 14209 Server's address Additional information regarding attempted service, etc.: 1) Unsuccessful Attempt: Jan 31, 2022, 1:15 pm EST at 4246 ridge rd 61, amherst, ny 14226 The whole building is vacant empty all locked up the outside is a torn up awnings but it’s all empty inside Case 2:22-cv-00130-APG-DJA Document 12 Filed 05/31/22 Page 7 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT B Case 2:22-cv-00130-APG-DJA Document 12 Filed 05/31/22 Page 8 of 12 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. 2:22-CV-00130-APG-DJA PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) asset recievables management llc was received by me on (date) 02/14/2022. I personally served the summons on the individual at (place) ; or on (date) I left the summons at the individual’s residence or usual place of abode with (name) person of suitable age and discretion who resides there, on (date) to the individual’s last known address; or I served the summons on (name of individual) service of process on behalf of (name of organization) ; or X , a , and mailed a copy , who is designated by law to accept on (date) I returned the summons unexecuted because: This is a bad address. Server entered the building and searched the entire directory. Targets name was not in the directory. Suite 1102 Is an attorneys office (Battista, Robert ESQ). Server went to suite and was told it was the wrong address. 1102 is Eastern Abstract of WNY INC ( also a satellite office for Battista). ; or Other: My fees are $ ; or for travel and $ for services, for a total of $ $. I declare under penalty of perjury that this information is true. Date: 02/14/2022 Server's signature DEREK VASQUEZ Printed name and title 1260 Delaware Ave Buffalo NY 14209 Server's address Additional information regarding attempted service, etc.: 1) Unsuccessful Attempt: Feb 14, 2022, 2:16 pm EST at 69 DELAWARE AVE room 1102, BUFFALO, NY 14202-3808 This is a bad address. Server entered the building and searched the entire directory. Targets name was not in the directory. Suite 1102 Is an attorneys office (Battista, Robert ESQ). Server went to suite and was told it was the wrong address. 1102 is Eastern Abstract of WNY INC ( also a satellite office for Battista). Case 2:22-cv-00130-APG-DJA Document 12 Filed 05/31/22 Page 9 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT C Case 2:22-cv-00130-APG-DJA Document 12 Filed 05/31/22 Page 10 of 12 Case 2:22-cv-00130-APG-DJA Document 12 Filed 05/31/22 Page 11 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT D Case 2:22-cv-00130-APG-DJA Document 12 Filed 05/31/22 Page 12 of 12 From: To: Subject: Date: MAJESTIC LEGAL Jackie Laino Re: Service on Imperial c/o DiMusto (Stafford) Thursday, February 24, 2022 6:57:16 PM Moved to Mexico per current resident Majestic Process Service From: MAJESTIC LEGAL <majesticlegal@hotmail.com> Sent: Friday, February 11, 2022 11:52:19 AM To: Jackie Laino <jackie@agrusslawfirm.com> Subject: Re: Service on Imperial c/o DiMusto (Stafford) OK got it ________________________________________ From: Jackie Laino <jackie@agrusslawfirm.com> Sent: Friday, February 11, 2022 11:51:15 AM To: majesticlegal@hotmail.com Subject: Service on Imperial c/o DiMusto (Stafford) Good morning, Thanks for taking my call today! Please serve DiMusto at the address below with the attached documents. Please let me know if you need anything else. If you could confirm receipt, that would be great. 230 CHERRY ST APT 2714 CHINA GROVE, NC 28023-2354 The address is different than on the summons because we are attempting a 2nd address. Thanks! Jackie Laino |Senior Paralegal | my bio<https://www.agrusslawfirm.com/our-team/jackie-laino> 4809 N Ravenswood Ave, Suite 419, Chicago, IL 60640 Tel: 312-300-5993 | Fax: 312-253-4451 [cid:image001.png@01D81F35.2AFE3460]<http://www.agrusslawfirm.com/>
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