Allstate Insurance Company et al v. Obteen N. Nassiri, et al
Filing
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ORDER Granting Plaintiffs' 48 Ex Parte Motion to Serve Defendants Obteen Nassiri, Jennifer Nassiri, DAA Trust, and Good Hands Chiropractic by Publication. Plaintiff must serve a copy of the Amended Complaint and Summons to Defendants listed via U.S. Mail at their last know address(es). Signed by Magistrate Judge Cam Ferenbach on 10/23/2015. (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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***
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ALLSTATE INSURANCE COMPANY, et al.,
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Plaintiffs,
2:15-cv-01434-GMN-VCF
ORDER
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vs.
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OBTEEN N. NASSIRI, D.C., et al.,
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Defendants.
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This matter involves Allstate Insurance Company, Allstate Property & Casualty Insurance
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Company, and Allstate Indemnity Company against Defendants Obteen N. Nassiri, D.C., Jennifer Nassiri,
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Jim Anderson, Christyn Anderson, DAA Trust, Harley Truck, LLC, 181 Rusty Plank, LLC, Anderson
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Family Trust, Adroon, LLC, and 2111 S. Maryland, LLC, FAA FOI Tuitama, Advanced Med LLC, MTC
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West Coast Medical Training Centers, Valley Wellness and Recovery, and Good Hands Chiropractic, Inc.
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dba Good Hands Chiropractic, for alleged violations of the Racketeering Influenced and Corrupt
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Organizations Act (18 USC § 1962), Nevada State RICO violations (NRS 207.400), fraud, conspiracy to
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defraud, unjust enrichment/constructive trust, and declaratory relief. (See Amend Compl. (#40 at 4 1).
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Before the court is Plaintiffs' Ex Parte Application to Serve Defendants Obteen Nassiri, Jennifer Nassiri,
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DAA Trust, and Good Hands Chiropractic by Publication (#48). The period in which to serve Defendants
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Obteen Nassiri, Jennifer Nassiri, DAA Trust, and Good Hands Chiropractic by Publication expires on
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November 25, 2015. (#1). Plaintiffs' motion was filed prior to the expiration.
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Parenthetical citations refer to the court’s docket.
To date, no opposition has been filed by Defendants Jim Anderson, Christyn Anderson, Anderson
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Family Trust, 181 Rusty Plank, LLC and Adroon, LLC, whom have already appeared in this matter. Under
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Local Rule 7-2(d), the failure of an opposing party to file points and authorities in response to any motion
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shall constitute a consent to the granting of the motion. Here, it would seem that Defendants Jim
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Anderson, Christyn Anderson, Anderson Family Trust, 181 Rusty Plank, LLC and Adroon, LLC have
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consented to the granting of this motion.
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DISCUSSION
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Plaintiffs' motion seeks to serve Defendants Obteen Nassiri, Jennifer Nassiri, DAA Trust, and
Good Hands Chiropractic by publication. (#48). The instant motion to serve by publication is granted for
the following reasons.
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Federal Rules of Civil Procedure do not expressly permit service by publication. Rule 4(e)(1),
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however, permits a plaintiff to serve a defendant “following state law for serving a summons in an action
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brought in courts of general jurisdiction in the state where the district court is located or where service is
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made.” FED. R. CIV. P. 4(e)(1).
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In Nevada, Rule 4 of the Nevada Rules of Civil Procedure (“NRCP”) governs service of parties
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under state law. Parties are required to personally serve summons and the complaint upon defendants;
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however, when personal service proves impossible, Rule 4(e)(1)(i) provides that a party may move for
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service by publication when the opposing party “resides out of the state, or has departed from the state, or
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cannot, after due diligence be found within the state, or by concealment seeks to avoid the service of
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summons.” Id.
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“A party seeking service by publication must seek leave of court by filing an affidavit
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demonstrating its due diligence in attempting to personally serve the defendant. There are several key
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factors Nevada courts look to in evaluating a party’s due diligence in effecting service.” Id. Nevada courts
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principally consider the number of attempts made by a plaintiff to serve a defendant at his or her residence
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and other methods of locating defendants, such as consulting public directories and family members. Id.;
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citing Price v. Dunn, 106 Nev. 100, 787 P.2d 785, 786–7 (Nev. 1990), rev’d on other grounds, NC–DSH,
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Inc. v. Garner, 125 Nev. 647, 651 n. 3, 218 P.3d 853 (2009); Abreu v. Gilmer, 115 Nev. 308, 985 P.2d
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746, 747 (Nev. 1999); McNair v. Rivera, 110 Nev. 463, 874 P.2d 1240, 1241 (Nev. 1994).
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In Price, the Nevada Supreme Court found service by publication was not warranted, stating
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“where other reasonable methods exist for locating the whereabouts of a defendant, plaintiff should
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exercise those methods.” 787 P.2d at 786–7. There, the plaintiff contacted the defendant’s stepmother,
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and upon hearing that the defendant lived out of state, moved for service by publication. Id. at 105, 787
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P.2d 785. The Price court held that, “although [plaintiff’s] affidavit technically complies with NRCP
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4(e)(1)(i), her actual efforts, as a matter of law, fall short of the due diligence requirement to the extent of
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depriving [defendant] of his fundamental right to due process.” Id.
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In contrast, in Abreu, the Nevada Supreme Court determined that the plaintiff exercised due
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diligence in attempting service because it made three attempts at the defendant’s possible address and also
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consulted telephone company directories. See 115 Nev. at 311.
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NRCP 4(e)(1)(iii) also requires that in addition to in-state publication, “where the present
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residence of the defendant is unknown the order may also direct that publication be made in a newspaper
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published outside the State of Nevada.” Id. In cases “where the residence of a nonresident or absent
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defendant is known, the court or judge shall also direct a copy of the summons and complaint to be
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deposited in the post office.” Id.
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Plaintiff has at least met, if not exceeded the efforts displayed by the plaintiffs in Abrreu. Here,
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the process server has diligently attempted to serve Defendants Obteen Nassiri, Jennifer Nassiri, DAA
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Trust, and Good Hands Chiropractic, four times on different occasions at the address that Plaintiffs believe
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is current and accurate for these four defendants. (#48). Plaintiffs believe that these four Defendants are
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evading service.
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The court finds that this is sufficient to permit service of process by publication under Nevada law.
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Accordingly, the court grants the Plaintiffs' request to serve Defendants Obteen Nassiri, Jennifer Nassiri,
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DAA Trust, and Good Hands Chiropractic by publication.
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ACCORDINGLY, and for good cause shown,
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IT IS ORDERED that Plaintiffs' Application to Serve Defendants Obteen Nassiri, Jennifer Nassiri,
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DAA Trust, and Good Hands Chiropractic by Publication is GRANTED.
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IT IS FURTHER ORDERED that service of the Summons and Amended Complaint in this action
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be made upon Defendants Obteen Nassiri, Jennifer Nassiri, DAA Trust, and Good Hands Chiropractic, by
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publication in a newspaper of general circulation in the area of these Defendants' last known address(es)
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and in a newspaper of general circulation in Las Vegas, Nevada, where this matter is currently pending.
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Said publications must run once per week for four consecutive weeks. The service of summons and
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amended complaint will be deemed complete upon the expiration of four weeks from the date of the first
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publication. Plaintiffs have an additional week after November 25, 2015, up to and including December
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2, 2015, to perfect service on Defendants Obteen Nassiri, Jennifer Nassiri, DAA Trust, and Good Hands
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Chiropractic.
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IT IS FURTHER ORDERED that Plaintiff must serve a copy of the Amended Complaint and
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Summons to Defendants Obteen Nassiri, Jennifer Nassiri, DAA Trust, and Good Hands Chiropractic via
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U.S. Mail at their last known address(es).
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IT IS SO ORDERED.
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DATED this 23rd day of October, 2015.
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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE
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