Valley Health System, LLC et al v. Travel Insurance Facilities, PLC et al, No. 2:2022cv00365 - Document 38 (D. Nev. 2022)

Court Description: ORDER granting ECF No. 37 Motion to Extend Time : Service of Summons and Complaint upon the Defendant TIF due by 11/24/2022. Signed by Magistrate Judge Daniel J. Albregts on 9/27/2022. (Copies have been distributed pursuant to the NEF - DRM)

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Valley Health System, LLC et al v. Travel Insurance Facilities, PLC et al Doc. 38 Case 2:22-cv-00365-ART-DJA Document 38 Filed 09/27/22 Page 1 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 JASON M. WILEY, ESQ. Nevada Bar No. 09274 RYAN S. PETERSEN, ESQ. Nevada Bar No. 10715 WILEY PETERSEN 1050 Indigo Drive, Suite 200B Las Vegas, Nevada 89145 Telephone: 702.910.3329 Facsimile: 702.553.3467 jwiley@wileypetersenlaw.com rpetersen@wileypetersenlaw.com Timothy M. Hartley, Esq. (PRO HAC VICE) HARTLEY LAW OFFICES, PLC 12 Southeast Seventh Street, Suite 610 Fort Lauderdale, Florida 33301 Telephone: (954) 357-9973 Fax: (954) 357-2275 hartley@hartleylaw.net Attorneys for Plaintiffs Valley Health Systems, LLC DVH Hospital Alliance, LLC and Summerlin Hospital Medical Center, LLC UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 16 17 18 19 20 21 22 23 24 25 VALLEY HEALTH SYSTEM, LLC, a Delaware Limited Liability company, DVH HOSPITAL CASE NO.: 2:22-CV-00365-ART-DJA ALLIANCE, LLC, a Delaware Limited Liability company, and SUMMERLIN HOSPITAL MEDICAL CENTER, LLC, a Delaware Limited PLAINTIFF’S LOCAL RULE IA 6-1. Liability company, MOTION FOR ENLARGEMENT OF TIME TO EFFECTUATE SERVICE Plaintiffs, vs. TRAVEL INSURANCE FACILITIES, PLC, a Foreign Corporation, UNION REISEVERSICHERUNG AKTIENGESELLSCHAFT, a Foreign Corporation, Defendants. 26 27 COME NOW, Plaintiffs, Valley Health System, LLC, DVH Hospital Alliance, LLC, and 28 Summerlin Hospital Medical Center, LLC, (collectively, “Plaintiffs”), by and through their 1 Dockets.Justia.com Case 2:22-cv-00365-ART-DJA Document 38 Filed 09/27/22 Page 2 of 10 1 undersigned counsel, and, pursuant to Local Rule 6-1 hereby move this Honorable Court for an 2 enlargement of time for an additional sixty (60) days through and including November 24, 2022 3 within which to effectuate service of the Summons, Complaint and Standing Order upon Defendant, 4 TRAVEL INSURANCE FACILITIES, PLC, a Foreign Corporation, and state as follows: 5 1. Since the filing of the Complaint, the Plaintiff has attempted to obtain Article 5 service 6 of the Summons, Complaint and Standing Order on Defendant, TRAVEL INSURANCE 7 FACILITIES, PLC, a Foreign Corporation (“TIF”), through the Hague Convention. 8 2. The undersigned has recently been advised that although a bailiff assigned by the 9 Royal Courts of Justice attempted to obtain service on Jonathon Phillips of TIF at his workplace, the 10 bailiff was unable to meet Mr. Phillips and left the papers unserved, despite the fact that service could 11 have been accomplished on other authorized representatives of TIF present at the workplace at the 12 time of the bailiff’s attempt. A true and correct copy of correspondence attesting to the Plaintiffs’ 13 efforts to obtain service on TIF through Article 5 of the Hague Convention is attached to this Motion 14 as Exhibit A. 15 3. The undersigned intends to make additional attempts to effectuate service on 16 Defendant, TIF and, as demonstrated by Exhibit A, has advised the Foreign Process Section of the 17 Royal Copurts of Justice that service can be had on other authorized representatives of TIF. 18 4. While Fed.R.Civ.P. 4(m) requires service within 90 days after filing of a Complaint, 19 subdivision (m) does not apply to service in a foreign country under Rule 4(f) or 4(h)(2), the 20 provisions under which the Plaintiff is attempting to obtain service on the Defendants in this action. 21 5. Nevertheless, in an abundance of caution and in the interests of judicial economy, the 22 Plaintiff requests an additional sixty (60) days to obtain service of the Summons and Amended 23 Complaint upon the Defendant, TIF and respectfully requests this Honorable Court enter its Order 24 enlarging the time to effectuate service accordingly. 25 6. This Motion is made in good faith and not for the purposes of harassment or delay. 26 7. The undersigned has contacted counsel for the Defendant has no objection to the filing 27 of this Motion or the relief sought herein. 28 2 Case 2:22-cv-00365-ART-DJA Document 38 Filed 09/27/22 Page 3 of 10 1 WHEREFORE, for the foregoing reasons, Plaintiffs, Valley Health System, LLC, DVH 2 Hospital Alliance, LLC, and Summerlin Hospital Medical Center, LLC, respectfully request an 3 additional sixty (60) days through and including November 24, 2022, in which to effectuate service 4 of Summons and Complaint upon the Defendant, TIF as aforesaid and for such other and further relief 5 as the Court deems appropriate. 6 DATED this 23rd day of September, 2022. 7 WILEY PETERSEN 8 /s/ Jason M. Wiley ______________________________ JASON M. WILEY, ESQ. Nevada Bar No. 09274 RYAN S. PETERSEN, ESQ. Nevada Bar No. 10715 WILEY PETERSEN 1050 Indigo Drive, Suite 200B Las Vegas, Nevada 89145 Telephone: 702.910.3329 Facsimile: 702.553.3467 jwiley@wileypetersenlaw.com rpetersen@wileypetersenlaw.com 9 10 11 12 13 14 15 Timothy M. Hartley, Esq. (PRO HAC VICE) HARTLEY LAW OFFICES, PLC 12 Southeast Seventh Street, Suite 610 Fort Lauderdale, Florida 33301 Telephone: (954) 357-9973 Fax: (954) 357-2275 hartley@hartleylaw.net 16 17 18 19 20 Attorneys for Plaintiffs Valley Health Systems, LLc, DVH Hospital Alliance, LLC and Summerlin Hospital Medical Center, LLC 21 22 IT IS SO ORDERED. 23 DATED: 9/27/2022 24 25 26 ____________________________________ DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 27 28 3 Case 2:22-cv-00365-ART-DJA Document 38 Filed 09/27/22 Page 4 of 10 1 CERTIFICATE OF SERVICE 2 I hereby certify that I am an employee of Hartley Law Offices, PLC, and that on the 23rd day 3 of September, 2022, I caused to be served a true and correct copy of the foregoing PLAINTIFF’S 4 LOCAL RULE IA 6-1. MOTION FOR ENLARGEMENT OF TIME TO EFFECTUATE 5 SERVICE in the following manner: 6 (ELECTRONIC SERVICE) Pursuant to Rule 5-4 of the Local Rules of Civil Practice of the 7 United States District Court for the District of Nevada, the above-referenced document was 8 electronically filed on the date hereof and served through the Notice of Electronic Filing automatically 9 generated by that Court’s facilities. 10 (UNITED STATES MAIL) By depositing a copy of the above-referenced document for 11 mailing in the Unites States Mail, first-class postage prepaid, at Las Vegas, Nevada, to the parties 12 listed below at their last-known mailing addresses, on the date above written. 13 (ELECTRONIC E-MAIL) 14 15 16 17 18 19 20 Pat Lundvall (NSBN 3761) Daniel Aquino (NSBN 12682) McDONALD CARANO LLP 2300 West Sahara Avenue, Suite 1200 Las Vegas, Nevada 89102 Telephone: (702) 873-4100 lundvall@mcdonaldcarano.com daquino@mcdonaldcarano.com Attorneys for Defendants Travel Insurance Facilities, PLC and Union Reiseversicherung Aktiengesellschaft 21 22 /s/Timothy M. Hartley, Esq. 23 24 HARTLEY LAW OFFICES, PLC 25 26 27 28 4 Case 2:22-cv-00365-ART-DJA Document 38 Filed 09/27/22 Page 5 of 10 1 2 3 4 5 Exhibit A 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Case 2:22-cv-00365-ART-DJA Document 38 Filed 09/27/22 Page 6 of 10 From: To: Subject: Date: Hartshorne, Tatyana on behalf of Foreign Process (RCJ) Yanique Reid RE: QF-2022-004875;RE: Status of Service- Valley Health v. TIF*****Update Requested****** Thursday, September 22, 2022 10:13:35 AM Dear Yanique Thank you for your email. I would like to inform you that the documents were sent for personal service on Mr Jon Phillips at his workplace as it stated in the request form that you have provided. Bailiff were unable to meet the person, therefore, documents returned unserved. A certificate of non-service will be issued in due course. Kind regards Tatyana Hartshorne Administrative Officer Foreign Process Section| HMCTS Royal Courts of Justice London WC2A 2LL Phone: 0203 936 8957 Option 7 Web: www.gov.uk/hmcts For information on how HMCTS uses personal data about you please see: https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/personalinformation-charter From: Yanique Reid <reid@hartleylaw.net> Sent: 13 September 2022 19:06 To: Foreign Process (RCJ) <foreignprocess.rcj@Justice.gov.uk> Cc: Tim Hartley <hartley@hartleylaw.net> Subject: RE: QF-2022-004875;RE: Status of Service- Valley Health v. TIF*****Update Requested****** Good Day TatyanaJust following up on our prior conversation below. Please let us know the status of service of process on Defendant, TIF. I look forward to hearing from you. Thank you. Case 2:22-cv-00365-ART-DJA Document 38 Filed 09/27/22 Page 7 of 10 Yanique S. Reid Paralegal to Timothy M. Hartley, Esq. 12 Southeast Seventh Street, Suite 610 Fort Lauderdale, FL 33301 U.S.A t: 954.357.9973 f: 954.357.2275 reid@hartleylaw.net www.hartleylaw.net From: Hartshorne, Tatyana <Tatyana.Hartshorne1@Justice.gov.uk> On Behalf Of Foreign Process (RCJ) Sent: Tuesday, August 30, 2022 3:53 AM To: Yanique Reid <reid@hartleylaw.net> Subject: RE: QF-2022-004875;RE: Status of Service- Valley Health v. TIF*****Updated****** Dear Yanique Thank you for your email regarding service documents on Jon Phillips at workplace. We have not received confirmation from bailiff yet, so a chase up letter has been sent. We will inform you as soon as possible bailiff comes back to us. Kind regards Tatyana Hartshorne Administrative Officer Foreign Process Section| HMCTS Royal Courts of Justice London WC2A 2LL Phone: 0203 936 8957 Option 7 Web: www.gov.uk/hmcts For information on how HMCTS uses personal data about you please see: https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/personalinformation-charter Case 2:22-cv-00365-ART-DJA Document 38 Filed 09/27/22 Page 8 of 10 From: Yanique Reid <reid@hartleylaw.net> Sent: 23 August 2022 14:35 To: Foreign Process (RCJ) <foreignprocess.rcj@Justice.gov.uk> Cc: Tim Hartley <hartley@hartleylaw.net> Subject: RE: QF-2022-004875;RE: Status of Service- Valley Health v. TIF*****Updated****** Good Morning Just following up on our prior conversation below. Please let us know the status of service of process on Defendant, TIF. I look forward to you update. Thank you. Yanique S. Reid Paralegal to Timothy M. Hartley, Esq. 12 Southeast Seventh Street, Suite 610 Fort Lauderdale, FL 33301 U.S.A t: 954.357.9973 f: 954.357.2275 reid@hartleylaw.net www.hartleylaw.net From: Yanique Reid Sent: Tuesday, July 26, 2022 10:01 AM To: Foreign Process (RCJ) <foreignprocess.rcj@Justice.gov.uk> Cc: Tim Hartley <hartley@hartleylaw.net> Subject: RE: QF-2022-004875;RE: Status of Service- Valley Health v. TIF*****Updated****** Okay, thank you. Yanique S. Reid Paralegal to Timothy M. Hartley, Esq. 12 Southeast Seventh Street, Suite 610 Fort Lauderdale, FL 33301 U.S.A t: 954.357.9973 f: 954.357.2275 reid@hartleylaw.net www.hartleylaw.net From: Hartshorne, Tatyana <Tatyana.Hartshorne1@Justice.gov.uk> On Behalf Of Foreign Process Case 2:22-cv-00365-ART-DJA Document 38 Filed 09/27/22 Page 9 of 10 (RCJ) Sent: Tuesday, July 26, 2022 9:55 AM To: Yanique Reid <reid@hartleylaw.net> Subject: QF-2022-004875;RE: Status of Service- Valley Health v. TIF*****Updated****** Dear Yanique Thank you for your email. I would like to inform you that the documents were sent for service on 15 July 2022 under our reference number QF-2022-004875. Therefore, bailiff have 4 weeks to serve and to return to us confirmation of service/non-service. Please allow bailiff complete their job. Kind Regards Tatyana Hartshorne Administrative Officer Foreign Process Section| HMCTS Royal Courts of Justice London WC2A 2LL Phone: 0203 936 8957 Option 7 Web: www.gov.uk/hmcts For information on how HMCTS uses personal data about you please see: https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/personalinformation-charter From: Yanique Reid <reid@hartleylaw.net> Sent: 26 July 2022 14:21 To: Foreign Process (RCJ) <foreignprocess.rcj@Justice.gov.uk> Cc: Tim Hartley <hartley@hartleylaw.net> Subject: RE: Status of Service- Valley Health v. TIF*****Updated****** Good Morning Just following up on our prior conversation below. Please let us know the status of service of Case 2:22-cv-00365-ART-DJA Document 38 Filed 09/27/22 Page 10 of 10 process on Defendant, TIF. I look forward to you update. Thank you. Yanique S. Reid Paralegal to Timothy M. Hartley, Esq. 12 Southeast Seventh Street, Suite 610 Fort Lauderdale, FL 33301 U.S.A t: 954.357.9973 f: 954.357.2275 reid@hartleylaw.net www.hartleylaw.net From: Yanique Reid Sent: Friday, July 15, 2022 9:33 AM To: Foreign Process (RCJ) <foreignprocess.rcj@Justice.gov.uk> Cc: Tim Hartley <hartley@hartleylaw.net> Subject: RE: Status of Service- Valley Health v. TIF*****Updated****** Good MorningThank you. Yanique S. Reid Paralegal to Timothy M. Hartley, Esq. 12 Southeast Seventh Street, Suite 610 Fort Lauderdale, FL 33301 U.S.A t: 954.357.9973 f: 954.357.2275 reid@hartleylaw.net www.hartleylaw.net

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