Arey et al v. Bouari International Franchise, LLC et al

Filing 11

ORDER Denying without prejudice 10 Plaintiffs' Ex Parte Motion for Service of Publication. Signed by Magistrate Judge George Foley, Jr on 10/30/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PARIS G. AREY, et al.,

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Plaintiffs,
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vs.
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BOUARI INTERNATIONAL FRANCHISE, LLC, )
et al.,
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Defendants.
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__________________________________________)

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Case No. 2:13-cv-01372-APG-GWF
SEALED ORDER
Ex Parte Motion for Service by
Publication (#10)

This matter comes before the Court on Plaintiffs’ Ex Parte Motion for Service by

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Publication (#10), filed on October 24, 2013. An ex parte motion or application is one that is filed

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with the Court, but is not served upon the opposing or other parties. See Local Rule 7-5(a). All ex

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parte motions must contain a statement showing good cause why the matter was submitted to the

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Court without notice to all parties. See Local Rule 7-5(b). Ex parte and emergency motions are

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distinct. Motions may be submitted ex parte only for compelling reasons, and not for emergency

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motions. See Local Rule 7-5(b) Emergency motions must be so titled and must state the nature of

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the emergency. See Local Rule 7-5(d)(1)-(3). Certain defendants have entered appearances in this

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case, but Plaintiffs do not state within the instant ex parte Motion good cause why it was not served

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on all parties. Accordingly,

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IT IS HEREBY ORDERED that Plaintiffs’ Ex Parte Motion for Service by Publication

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(#10) is denied without prejudice. Plaintiffs are instructed to re-file the Motion either without ex

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parte designation, or with a statement of good cause.

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DATED this 30th day of October, 2013.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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