Cervantes-Guevara v. District Court

The Supreme Court denied relief in this original petition for a writ of mandamus, holding that the district court did not manifestly abuse its discretion by denying Petitioner's motion and dismissing her complaint as to the party whom she failed timely to serve.

Petitioner filed a complaint against Mark Thomas Anderson and his employer, Thor Development, LLC, alleging various tort claims arising out of a motor vehicle accident. After the expiration date of the Nev. R. Civ. P. 4 service period, Petitioner filed two motions to enlarge time for service. The district court granted the first motion but denied the second, finding that the motion was untimely. The court then dismissed Petitioners' complaint. The Supreme Court denied Petitioner's subsequent request for relief, holding that Emergency Directive 009 did not toll the 120-day service period established by Rule 4(e), and therefore, the district court did not abuse its discretion in denying Petitioner's second motion to enlarge time.