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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EVERT CALDWELL,

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Plaintiff,
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vs.
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COMPASS ENTERTAINMENT GROUP, LLC, )
et al.,
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Defendants.
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__________________________________________)

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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

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(#24) and to Allow for Service by Publication (#23), filed on July 25, 2012. Plaintiff requests the

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Court grant him an additional 120 days to perfect service on Defendants Thomas A. McDonald,

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Suzanne M. Labelle, Gregory T. McDonald, Gregory J. McDonald and Jeffrey Kranzdorf.

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Plaintiff further requests the Court allow him to serve these individuals by publication because he

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alleges they are evading service. In support of his assertions, Plaintiff only provides a personal

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declaration, indicating what steps the process server took in an attempt to perfect service.

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Generally, the Court is provided with a declaration from the process server outlining the service

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attempts. Without a declaration from the process server, the Court will not grant Plaintiff’s request.

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The Court will therefore deny Plaintiff’s motions without prejudice to allow Plaintiff to re-submit

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the motions with the attached declaration from the process server. Accordingly,

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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.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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