Trustees of the Nevada Resort Association et al v. Alumifax, Inc., et al
Filing
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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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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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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
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Plaintiff(s),
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vs.
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ALUMIFAX, INC., et al.,
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Defendant(s).
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Case No. 2:13-cv-0530-APG-NJK
ORDER DENYING EX PARTE
APPLICATION
(Docket No. 17)
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Pending before the Court is Plaintiffs’ ex parte application for an extension of time and to
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request service by publication. Docket No. 17. The Court has reviewed the materials presented and
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finds a hearing on the application unnecessary. See Local Rule 78-2. For the reasons discussed
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below, the application is hereby DENIED without prejudice.
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Service by publication implicates a defendant’s fundamental due process rights. See, e.g.,
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Price v. Dunn, 787 P.2d 785, 787 (Nev. 1990). Service by publication is generally disfavored. See,
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e.g., Dunmore v. Dunmore, 2012 WL 4364454, *2 (E.D. Cal. 2012). Although Plaintiffs cite to
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Federal and Nevada Rules of Civil Procedure, the application fails to cite to any case law
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whatsoever analyzing service by process and supporting the pending request. As such, the ex parte
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application for service by publication is DENIED without prejudice so that Plaintiffs may present
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fully developed arguments grounded in legal authority.
Similarly with respect to the request for an extension of time to serve by publication,
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Plaintiffs provide no case law in support of that request. As such, the ex parte application for an
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extension is DENIED without prejudice so that Plaintiffs may present fully developed arguments
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grounded in legal authority.
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IT IS SO ORDERED.
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DATED: July 29, 2013
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______________________________________
NANCY J. KOPPE
United States Magistrate Judge
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