Bank of America, N.A. v. Spanish Bay Homeowners Association et al

Filing 35

ORDER granting ECF Nos. 32 , 33 Motions for Service by Publication, and Motion to Enlarge Time to Serve. Signed by Magistrate Judge Cam Ferenbach on 9/28/2016. (Copies have been distributed pursuant to the NEF - DRM)

Download PDF
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 13 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING, LP, 14 15 16 17 18 19 20 Case No. 2:16-cv-00691-MMD-VCF ORDER GRANTING MOTION TO SERVE JAMES CARLSON BY PUBLICATION Plaintiff, vs. -and- SPANISH BAY HOMEOWNERS ASSOCIATION; NEVADA ASSOCIATION SERVICES, INC.; and SFR INVESTMENTS POOL 1, LLC, ORDER GRANTING MOTION TO ENLARGE TIME TO SERVE SUMMONS AND CROSS-CLAIM Defendants. ______________________________________ SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, Counter/Cross Claimant, 21 22 vs. 23 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING, LP; and JAMES CARLSON, an individual, 24 25 26 Counter/Cross Defendants. 27 28 -1- 1 Upon reading the Affidavit of Due Diligence; it appearing that an Answer, Counterclaim, 2 and Cross-Claim has been filed; that a Summons directed to Cross-Defendant, James Carlson 3 (“Carlson”) has been issued [ECF No. 26]; that Cross-Defendant, Carlson is a necessary party; and 4 that Cross-Defendant Carlson cannot be found to be personally served in the State of Nevada, and 5 good cause appearing therefore, 6 IT IS HEREBY ORDERED that since the Cross-Defendant, James Carlson, cannot now 7 be found so as to be personally served, he may be served by publication of the Summons at least 8 once a week for four (4) weeks in the Nevada Legal News, a newspaper of general circulation, 9 pursuant to FRCP 4(e)(1) and NRCP 4(e)(1) and in a newspaper of general circulation in Palm 10 Beach County, Florida, pursuant to FRCP 4(e)(1) and NRCP 4(e)(1). IT IS FURTHER ORDERED that a copy of the Summons and Answer, Counterclaim, 12 (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NV 89139 11 and Cross-Claim shall be mailed forthwith to Cross-Defendant Carlson, first class mail, postage 13 prepaid, addressed to the Cross-Defendant’s last known address. 14 IT IS FURTHER ORDERED that SFR’s Motion to Enlarge Time to Serve is GRANTED 15 and the time for service is extended by an additional 60 days from the date of this order is entered 16 to allow SFR Investments Pool 1, LLC (“SFR”) to effectuate service by publication. 17 18 28th September Dated this ____ day of ________________, 2016. 19 _________________________ UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 Submitted by: KIM GILBERT EBRON /s/Jacqueline A. Gilbert 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 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?