Trustees of the Nevada Resort Association et al v. Alumifax, Inc., et al

Filing 21

ORDER Denying without Prejudice 17 Ex Parte Motion For Enlargement of Time to Serve Defendants by Publication. Signed by Magistrate Judge Nancy J. Koppe on 7/29/2013. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 12 13 TRUSTEES OF THE NEVADA RESORT ASSOCIATION–INT’L ALLIANCE OF THEATRICAL STAGE EMPLOYEES & MOVING PICTURE MACHINE OPERATORS OF THE UNITED STATES & CANADA, LOCAL 720, PENSION TRUST 14 Plaintiff(s), 15 vs. 16 ALUMIFAX, INC., et al., 17 Defendant(s). ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:13-cv-0530-APG-NJK ORDER DENYING EX PARTE APPLICATION (Docket No. 17) 18 19 Pending before the Court is Plaintiffs’ ex parte application for an extension of time and to 20 request service by publication. Docket No. 17. The Court has reviewed the materials presented and 21 finds a hearing on the application unnecessary. See Local Rule 78-2. For the reasons discussed 22 below, the application is hereby DENIED without prejudice. 23 Service by publication implicates a defendant’s fundamental due process rights. See, e.g., 24 Price v. Dunn, 787 P.2d 785, 787 (Nev. 1990). Service by publication is generally disfavored. See, 25 e.g., Dunmore v. Dunmore, 2012 WL 4364454, *2 (E.D. Cal. 2012). Although Plaintiffs cite to 26 Federal and Nevada Rules of Civil Procedure, the application fails to cite to any case law 27 whatsoever analyzing service by process and supporting the pending request. As such, the ex parte 28 application for service by publication is DENIED without prejudice so that Plaintiffs may present 1 2 fully developed arguments grounded in legal authority. Similarly with respect to the request for an extension of time to serve by publication, 3 Plaintiffs provide no case law in support of that request. As such, the ex parte application for an 4 extension is DENIED without prejudice so that Plaintiffs may present fully developed arguments 5 grounded in legal authority. 6 IT IS SO ORDERED. 7 DATED: July 29, 2013 8 9 10 ______________________________________ NANCY J. KOPPE United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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