Nationstar Mortgage LLC v. Shenandoah Owners Association, Inc. et al

Filing 39

ORDER Denying 36 Motion for Service by Publication and Denying 37 Motion to Extend Time without prejudice. Signed by Magistrate Judge Nancy J. Koppe on 8/3/16. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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NATIONSTAR MORTGAGE, LLC,

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Plaintiff(s),

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vs.

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SHENANDOAH OWNERS
ASSOCIATION, INC., et al.,

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Defendant(s).
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Case No. 2:16-cv-00268-JAD-NJK
ORDER
(Docket Nos. 36, 37)

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Pending before the Court is SFR’s motion for an extension of time to serve Daniel L. Valvo, and

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motion for leave to serve him by publication. Docket Nos. 36, 37. “Service by publication implicates

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a defendant’s fundamental due process rights.” E.g., Christiana Trust v. 9796 Mount Cupertino Trust,

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2016 U.S. Dist. Lexis 30984, *2 (D. Nev. 9, 2016) (citing Mullane v. Central Hanover Bank & Trust

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Co., 339 U.S. 306, 314-15 (1950); Price v. Dunn, 787 P.2d 785, 787 (Nev. 1990)). As a result, service

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by publication is generally disfavored. See, e.g., id. Not surprisingly, courts refuse to grant such relief

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based on motions that fail to present fully developed arguments supported by case law. See, e.g.,

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Trustees of the Nev. Resort Ass’n v. Alumifax, Inc., 2013 U.S. Dist. Lexis 106456, *2 (D. Nev. July 29,

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2013).

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The pending motion provides no legal authority of any kind, nor any meaningful analysis, as to

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why the deadline should be extended to effectuate service. With respect to the request for leave to serve

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by publication, the pending motion provides block quotations to various rules but provides no citation

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of any kind to applicable case law, no clear articulation of the applicable standards, and no meaningful

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discussion of how those standards are met.

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Accordingly, the pending motions are DENIED without prejudice so that SFR may present fully
developed arguments.

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IT IS SO ORDERED.

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DATED: August 3, 2016

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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