Caldwell v. Compass Entertainment Group LLC et al

Filing 25

ORDER Denying without prejudice 23 Motion to Allow for Service by Publication; and Denying without prejudice 24 Motion to Extend Time for Service. Signed by Magistrate Judge George Foley, Jr on 7/26/12. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 9 10 11 12 13 EVERT CALDWELL, ) ) Plaintiff, ) ) vs. ) ) COMPASS ENTERTAINMENT GROUP, LLC, ) et al., ) ) Defendants. ) __________________________________________) 14 Case No. 2:12-cv-000458-KJD-GWF ORDER Motion to Extend Time to Serve (#24) Motion for Service by Publication (#23) This matter comes before the Court on Plaintiff’s Motion to Extend the Time for Service 15 (#24) and to Allow for Service by Publication (#23), filed on July 25, 2012. Plaintiff requests the 16 Court grant him an additional 120 days to perfect service on Defendants Thomas A. McDonald, 17 Suzanne M. Labelle, Gregory T. McDonald, Gregory J. McDonald and Jeffrey Kranzdorf. 18 Plaintiff further requests the Court allow him to serve these individuals by publication because he 19 alleges they are evading service. In support of his assertions, Plaintiff only provides a personal 20 declaration, indicating what steps the process server took in an attempt to perfect service. 21 Generally, the Court is provided with a declaration from the process server outlining the service 22 attempts. Without a declaration from the process server, the Court will not grant Plaintiff’s request. 23 The Court will therefore deny Plaintiff’s motions without prejudice to allow Plaintiff to re-submit 24 the motions with the attached declaration from the process server. Accordingly, 25 ... 26 ... 27 ... 28 ... 1 2 3 IT IS HEREBY ORDERED that Plaintiff’s Motion to Extend the Time for Service (#24) and Motion to Allow for Service by Publication (#23) are denied without prejudice. DATED this 26th day of July, 2012. 4 5 6 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2