CitiMortgage, Inc. v. Mission Hills Homeowners Association et al

Filing 36

ORDER Granting 33 Motion for Service by Publication. IT IS FURTHER ORDERED that 34 SFR's Motion to Enlarge Time to Serve is GRANTED and the time for service is extended by an additional 60 days from the date of this order is entered to allow SFR Investments Pool 1, LLC (SFR) to effectuate service by publication. Signed by Magistrate Judge Carl W. Hoffman on 8/25/16. (Copies have been distributed pursuant to the NEF - ADR)

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Case 2:16-cv-00374-JCM-CWH Document 35 Filed 08/23/16 Page 1 of 2 1 2 3 4 5 6 7 8 DIANA CLINE EBRON, ESQ. Nevada Bar No. 10580 E-mail: diana@KGElegal.com JACQUELINE A. GILBERT, ESQ. Nevada Bar No. 10593 E-mail: jackie@KGElegal.com KAREN L. HANKS, ESQ. Nevada Bar No. 9578 E-mail: karen@KGElegal.com KIM GILBERT EBRON 7625 Dean Martin Drive, Suite 110 Las Vegas, Nevada 89139 Telephone: (702) 485-3300 Facsimile: (702) 485-3301 Attorneys for SFR Investments Pool 1, LLC 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 12 (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NV 89139 11 BANK CITIMORTGAGE, INC., Case No. 2:16-cv-00374-JCM-CWH Plaintiff, 13 vs. 14 ORDER GRANTING MOTION TO SERVE MISSION HILLS HOMEOWNERS ASSOCIATION; SFR INVESTMENTS POOL DAVID A. YEAKEL BY PUBLICATION 1, LLC; and ALESSI & KOENIG, LLC, -andDefendants. ORDER GRANTING MOTION TO ENLARGE TIME TO SERVE SUMMONS AND CROSS-CLAIM 15 16 17 18 19 20 SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, 21 22 Counter/Cross Claimant, vs. 23 24 25 26 27 CITIMORTGAGE, INC.; and DAVID A. YEAKEL, an individual, Counter-Defendant/Cross-Defendants. Upon reading the Affidavit of Due Diligence [ECF No. 32], on file herein; it appearing that an Answer, Counterclaim, and Cross-Claim has been filed; that a Summons directed to Cross- 28 -1- Case 2:16-cv-00374-JCM-CWH Document 35 Filed 08/23/16 Page 2 of 2 1 Defendant David A. Yeakel (“Yeakel”) has been issued [ECF No. 24]; that Cross-Defendant 2 Yeakel is a necessary party; and that Cross-Defendant Yeakel cannot be found to be personally 3 served in the State of Nevada, and good cause appearing therefore, 4 IT IS HEREBY ORDERED that since the Cross-Defendant Yeakel, cannot now be found 5 so as to be personally served, he may be served by publication of the Summons at least once a 6 week for four (4) weeks in the Nevada Legal News, a newspaper of general circulation, pursuant 7 to FRCP 4(e)(1) and NRCP 4(e)(1) and in a newspaper of general circulation in Irving, Texas, 8 pursuant to FRCP 4(e)(1) and NRCP 4(e)(1). and Cross-Claim shall be mailed forthwith to Cross-Defendant David A. Yeakel, first class mail, 11 postage prepaid, addressed to the Cross-Defendant's last known address. 12 (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON IT IS FURTHER ORDERED that a copy of the Summons and Answer, Counterclaim, 10 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NV 89139 9 IT IS FURTHER ORDERED that SFR’s Motion to Enlarge Time to Serve is GRANTED 13 and the time for service is extended by an additional 60 days from the date of this order is entered 14 to allow SFR Investments Pool 1, LLC (“SFR”) to effectuate service by publication. 15 16 August 25, 2016 Dated this ____ day of ________________, 2016. 17 _________________________ UNITED STATES JUDGE 18 19 20 21 22 23 24 25 26 27 Submitted by: KIM GILBERT EBRON /s/Diana Cline Ebron Diana Cline Ebron, Esq. Nevada Bar No. 10580 Jacqueline A. Gilbert, Esq. Nevada Bar No. 10593 Karen L. Hanks, Esq. Nevada Bar No. 9578 7625 Dean Martin Drive, Suite 110 Las Vegas, Nevada 89139 Phone: (702) 485-3300 Fax: (702) 485-3301 Attorneys for SFR Investments Pool 1, LLC 28 -2-

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