Wells Fargo Bank, N.A. v. Platinum Realty and Holdings, LLC, et al.

Filing 38

ORDER Granting 34 Motion for Service by Publication. Signed by Magistrate Judge Carl W. Hoffman on 9/15/15. (Copies have been distributed pursuant to the NEF - TR)

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Case 2:15-cv-00802-LDG-CWH Document 37 Filed 09/14/15 Page 1 of 2 1 2 3 4 5 6 7 8 HOWARD C. KIM, ESQ. Nevada Bar No. 10386 E-mail: howard@hkimlaw.com DIANA S. CLINE, ESQ. Nevada Bar No. 10580 E-mail: diana@hkimlaw.com KATHERINE C.S. CARSTENSEN, ESQ. Nevada Bar No. 10656 HOWARD KIM & ASSOCIATES 1055 Whitney Ranch Drive, Suite 110 Henderson, Nevada 89014 Telephone: (702) 485-3300 Facsimile: (702) 485-3301 Attorneys for SFR Investments Pool 1, LLC UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 11 WELLS FARGO BANK, N.A., a national banking association; 12 (702) 485-3300 FAX (702) 485-3301 1055 Whitney Ranch Drive, Suite 110 HENDERSON, NEVADA 89014 HOWARD KIM & ASSOCIATES 10 13 14 15 16 17 18 19 22 23 24 25 26 ORDER GRANTING MOTION TO SERVE BARBARA J. FORFA BY PUBLICATION Plaintiff, vs. PLATINUM REALTY AND HOLDINGS LLC, a Nevada limited-liability company; SFR INVESTMENTS POOL1, LLC, a Nevada limited-liability company, SPRING MOUNTAIN RANCH MASTER ASSOCIATION, a Nevada non-profit corporation; NEVADA ASSOCIATION SERVICES, INC., a Nevada corporation company; Defendants. SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, 20 21 Case No. 2:15-cv-00802-LDG-CWH Counter-Claimant, vs. WELLS FARGO BANK, N.A., a national banking association; BARBARA J. FORFA, an individual, Counter-Defendant/Cross-Defendant. SFR Investments Pool 1, LLC (“SFR”) filed its Motion to Serve Barbara J. Forfa (“Forfa”) by Publication (“Motion”) on September 3, 2015 [Dkt. No. 34]. 27 Upon review of the Motion and Affidavit of Due Diligence detailing SFR’s unsuccessful 28 attempts to locate and serve Forfa, the Court finds that: (1) a Complaint has been filed; (2) a -1- Case 2:15-cv-00802-LDG-CWH Document 37 Filed 09/14/15 Page 2 of 2 1 Summons directed to Forfa has been issued; (3) that Forfa is a necessary party that cannot be found 2 so as to effectuate personal service; and (4) good cause exists for SFR to serve Forfa by publication 3 under Federal Rule of Civil Procedure 4(e)(1) and Nevada Rule of Civil Procedure 4(e)(1). 4 5 IT IS HEREBY ORDERED that SFR’s Motion to Serve Barbara J. Forfa by Publication is GRANTED. 6 IT IS FURTHER ORDERED that since Forfa cannot now be found so as to be personally 7 served, Forfa may be served by publication of the Summons at least once a week for four (4) weeks 8 in the Nevada Legal News, a newspaper of general circulation. California, is also necessary to give Forfa notice of these proceedings as it appears Forfa may 12 (702) 485-3300 FAX (702) 485-3301 four (4) weeks in The Daily Transcript, a newspaper of general circulation in San Diego, 11 1055 Whitney Ranch Drive, Suite 110 HENDERSON, NEVADA 89014 IT IS FURTHER ORDERED that publication of the Summons at least once a week for 10 HOWARD KIM & ASSOCIATES 9 currently reside there. 13 14 IT IS FURTHER ORDERED that a copy of the Summons and Complaint shall be mailed forthwith to Forfa, first class mail, postage prepaid, addressed to Forfa’s last known address. 15 IT IS SO ORDERED. 16 September 15, ________________, 2015. DATED this _____ day of2015. 17 __________________________________ DISTRICT COURT JUDGE UNITED STATES MAGISTRATE JUDGE 18 19 20 Respectfully Submitted By: HOWARD KIM & ASSOCIATES 21 22 23 24 25 26 /s/Diana S. Cline Howard C. Kim, Esq. Nevada Bar No. 10386 Diana S. Cline, Esq. Nevada Bar No. 10580 Katherine C.S. Carstensen, Esq. Nevada Bar No. 10656 1055 Whitney Ranch Drive, Suite 110 Henderson, Nevada 89014 Attorneys for SFR Investments Pool 1, LLC 27 28 -2-

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