Galicia v. HF Holdings, Inc.

Western District of Texas, txwd-5:2019-cv-01163

MOTION For Extension of Time to Serve Defendant by Diego Galicia.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION Diego Galacia § § § Civil Action No. § V § 5:19-cv-1163-XR § § § HF Holdings, Inc. § § Motion for Extension of Time to Serve Defendant ____________________ To the Honorable United States District Judge Xavier Rodriguez: Background 1. This action was filed on September 26, 2019. 2. On the day suit was filed undersigned counsel sent a notice of suit and request for waiver of summons to two addressed for Defendant. 3. Both were returned with the delivery address redacted in black marker. 4. On October 15, another waiver went out to the law firm that organized HF Holdings. No response was rec eived. 5. On November 5 another waiver was sent to what Florida property records indicated was the residence of Basil Hamdan, HF Holding's registered agent. It was returned undeliverable. 6. On Plaintiff's request, a summons was issued. 7. A Florida process server attempted service at the Hamdan residence and found it to be unoccupied. 8. The Florida process server ran a skip-trace on Mr. Hamdan and is attempting to locate and serve him. 9. Efforts to locat e and serve Hamdan are underway an d ongoing. Motion 10. Ninety days from September 26 is December 25 thus December 26 is the deadline for Defendant to be served. 11. Defendant has worked to secrete himself from service. It appears he has structured his personal and business addresses to evade attempts at service. Evasion alone is good cause to extend the time for service. See Fed. R. Civ. P. 4(m) and Adams v. Brinkerhoff Inspection, Inc., Civil Action No. SA-17-CV-103-XR (W.D. Tex. May. 24, 2017) . 12. Should Court not agree that Defendant's secretion and evasion are good cause, the Court has discretion to extend the time for service. "We agree with the majority of circuits that have found that the plain language of rule 4(m) broadens a district court's discretion by allowing it to extend the time for service even when a plaintiff fails to show good cause" Thompson v. Brown, 91 F.3d 20, 21 (5th Cir. 1996) 13. Plaintiff requests until January 31, 2019 to effectuate service. Dated: December 23, 2019 Respectfully Submitted, /s/William M. Clanton William M. Clanton Texas Bar No. 24049436 Law Office of Bill Clanton, P.C. 926 Chulie Dr. San Antonio, Texas 78216 210 226 0800 210 338 8660 fax