Caldwell v. Compass Entertainment Group LLC et al

Filing 32

ORDER Granting in part and denying in part 26 Motion to Extend Time for Service. FURTHER ORDERED that 27 Motion for Service by Publication is Granted in part and Denied in part. (See Order for details). Signed by Magistrate Judge George Foley, Jr on 8/27/12. (Copies have been distributed pursuant to the NEF - MMM)

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. ) __________________________________________) Case No. 2:12-cv-000458-KJD-GWF ORDER Motion to Extend Time to Serve (#26) Motion for Service by Publication (#27) 14 This matter comes before the Court on Plaintiff’s Motion to Extend the Time for Service 15 (#26) and to Allow for Service by Publication (#27), filed on July 31, 2012; Defendant Compass 16 Entertainment Group’s Response (#28), filed on August 1, 2012; and Plaintiff’s Reply (#29), filed 17 on August 2, 2012. The Court conducted a hearing on this motion on August 27, 2012. The Court 18 grants in part and denies in part as follows: 19 1. Plaintiff’s Motion to Extend the Time for Service (#26) on Defendants Thomas A. 20 McDonald, Suzanne M. Labelle, Gregory T. McDonald, Gregory J. McDonald is 21 granted. Plaintiff shall have until December 27, 2012 to perfect service on the 22 above-listed Defendants. 23 2. Plaintiff’s Motion to Extend Time for Service (#26) on Defendant Jeffrey Kranzdorf 24 is denied without prejudice. If Defendant Kranzdorf’s Motion to Dismiss or Quash 25 Service of Process (#12) is granted, Plaintiff may then apply for additional time to 26 serve Defendant Kranzdorf. 27 ... 28 ... 1 3. Plaintiff’s Motion to Allow Service by Publication (#27) on Defendant Gregory T. 2 McDonald is granted as follows: 3 a. 4 b. 5 6 c. 7 8 9 4. Plaintiff shall publish the summons and complaint at least once a week for four (4) consecutive weeks in a newspaper of general circulation published in Las Vegas, Nevada; Plaintiff shall publish the summons and complaint at least once a week for four (4) consecutive weeks in a newspaper of general circulation published in Orange County, Florida; and Plaintiff shall also deposit a copy of the summons, complaint and this order in the post office, directed to Gregory T. McDonald at his last known place of residence. Plaintiff’s Motion for Service by Publication (#27) on Defendants Thomas A. McDonald, Suzanne M. Labelle and Gregory J. McDonald is denied without 10 prejudice. If after having made a good faith and diligent effort to serve the above- 11 Defendants, including but not limited to hiring a private investigative service to 12 ascertain their place of residence, Plaintiff is unable to serve the Defendants, 13 Plaintiff may then re-apply for permission to serve the above-Defendants by 14 publication. 15 16 IT IS SO ORDERED. DATED this 27th day of August, 2012. 17 18 19 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge 20 21 22 23 24 25 26 27 28 2