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)

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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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__________________________________________)

Case No. 2:12-cv-000458-KJD-GWF
ORDER
Motion to Extend Time to Serve (#26)
Motion for Service by
Publication (#27)

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This matter comes before the Court on Plaintiff’s Motion to Extend the Time for Service

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(#26) and to Allow for Service by Publication (#27), filed on July 31, 2012; Defendant Compass

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Entertainment Group’s Response (#28), filed on August 1, 2012; and Plaintiff’s Reply (#29), filed

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on August 2, 2012. The Court conducted a hearing on this motion on August 27, 2012. The Court

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grants in part and denies in part as follows:

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1.

Plaintiff’s Motion to Extend the Time for Service (#26) on Defendants Thomas A.

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McDonald, Suzanne M. Labelle, Gregory T. McDonald, Gregory J. McDonald is

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granted. Plaintiff shall have until December 27, 2012 to perfect service on the

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above-listed Defendants.

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2.

Plaintiff’s Motion to Extend Time for Service (#26) on Defendant Jeffrey Kranzdorf

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is denied without prejudice. If Defendant Kranzdorf’s Motion to Dismiss or Quash

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Service of Process (#12) is granted, Plaintiff may then apply for additional time to

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serve Defendant Kranzdorf.

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...

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...

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3.

Plaintiff’s Motion to Allow Service by Publication (#27) on Defendant Gregory T.

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McDonald is granted as follows:

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a.

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b.
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c.

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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

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prejudice. If after having made a good faith and diligent effort to serve the above-

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Defendants, including but not limited to hiring a private investigative service to

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ascertain their place of residence, Plaintiff is unable to serve the Defendants,

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Plaintiff may then re-apply for permission to serve the above-Defendants by

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publication.

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IT IS SO ORDERED.
DATED this 27th day of August, 2012.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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