Powers v. Rossco Crane & Rigging, Inc. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Kevin Powers, Individually and on Behalf 	)
of All Others Similarly Situated, 	)
)
Plaintiff, 	) 	ORDER
)
vs. 	)
)
Rossco Crane & Rigging, Inc., Ross 	)
Kovach and Jere Kovach, 	) 	Case No. 1:20-cv-101
)
Defendants. 	)
On August 12, 2020, Plaintiff filed a “Motion for Extension of Time for Service of Process
and Related Discovery, or for Alternative Service.” (Doc. No. 8). Plaintiff advises that, despite his
best efforts, he has been unable to effectuate service on Defendant Jere Kovach. 	According to
plaintiff, counsel conducted a TLOxp search of J. Kovach to locate him for service. The TLOxp
reports listed J. Kovach’s last known address as a residence in Minot, North Dakota. The report
also listed three Wyoming post office boxes associated with J. Kovach. Plaintiff requests an
additional 90 days to effectuate service and, if needed, to conduct preliminary discovery regarding
Defendant Jere Kovach. Alternatively, plaintiff requests permission to serve Defendant Jere Kovach
by USPS First Class mail to his last known addresses. Finally, he requests attorney’s fees and costs.
On August 17, 2020, Defendants Rossco Crane & Rigging and Ross Kovach filed a response
to plaintiffs’ motion. (Doc. No. 16). They do not oppose plaintiff’s request for additional time to
effectuate service. However, they object to his request for attorney’s fees and costs.
The court finds that plaintiff has demonstrated good cause to extend time for service of
process on Jere Kovach and to conduct related discovery. However, the court is not inclined to
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authorize service by first class mail at this time. 	Accordingly, the court GRANTS IN PART
plaintiff’s motion (Doc. No. 8). Plaintiff shall have additional 90 days to effectuate service and, if
needed, to conduct preliminary discovery regarding Defendant Jere Kovach. Plaintiff’s requests for
attorney’s fees and costs is DENIED.
IT IS SO ORDERED.
Dated this 15th day of September, 2020.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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