Bank of America, N.A. v. Village of Avellino Homeowners Association et al

Filing 16

ORDER Granting 15 Motion for Order Authorizing Service of Summons and Complaint Upon Defendants Daniel Fields and Via Vinci Revocable Trust by Publication and Order Enlarging Time for Service of Process. Signed by Magistrate Judge Peggy A. Leen on 7/1/16. (Copies have been distributed pursuant to the NEF - MMM)

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Case 2:16-cv-00748-JCM-PAL Document 15-4 Filed 06/28/16 Page 2 of 3 1 6 DARREN T. BRENNER, ESQ. Nevada Bar No. 8386 ALLISON R. SCHMIDT, ESQ. Nevada Bar No. 10743 AKERMANLLP AKERMAN LLP 1160 Town Center Drive, Suite 330 Las Vegas, NV 89144 Telephone: (702) 634-5000 Telephone: (702) Facsimile. (702) 380-8572 Facsimile: (702) Email: darren.brenner@akerman.com darren.brenner@akerman.com Email: allison.schmidt@akerman.com allison.schmidt@akerman.com 7 Attorneys for Plaintiff 2 3 4 5 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 AKERMAN LLP C C+1 C+1 0g 11 BANK OF AMERICA, N.A., Case No.: 2:16-cv-00748-JCM-PAL Plaintiff, 12 13 vs. 14 VILLAGE OF AVELLINO HOMEOWNERS ASSOCIATION; DANIEL FIELDS; VIA VINCI REVOCABLE TRUST; ABSOLUTE COLLECTION SERVICES, LLC, 15 16 Defendants. 17 [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR ORDER AUTHORIZING SERVICE OF SUMMONS AND COMPLAINT UPON DEFENDANTS DANIEL FIELDS AND VIA VINCI REVOCABLE TRUST BY PUBLICATION AND ORDER ENLARGING TIME FOR SERVICE OF PROCESS 18 The matter is before the court on plaintiff Bank of America's motion for order authorizing The matter before the court on plaintiff Bank of America's motion for order authorizing 19 service of summons and complaint upon defendants Daniel Fields (Fields) and Via Vinci Revocable 20 21 Trust (Via Vinci) by publication and order enlarging time for service of process. [(ECF No. __]. publication and order enlarging time for service of process. [(ECF No. _]. Upon review of the pleadings, declarations and evidence presented, it appears to the satisfaction of 22 the court, and the court finds, that: 23 24 25 26 27 (1) (1) Plaintiff BANA has a valid cause of action against defendants Fields and Via Vinci; (2) (2) Defendants Fields and Via Vinci are necessary and proper parties; (3) (3) NRCP 4(e) provides for publication of the summons and complaint under the circumstances; (4) (4) The Nevada Legal News is a newspaper of general circulation published in Clark County, State of Nevada; (5) diligently attempted to serve defendants Fields and Via Vinci within the State (5) BANA has diligently attempted to serve defendants Fields and Via Vinci within the State of Nevada; 28 {38583401;1} 1 1 Case 2:16-cv-00748-JCM-PAL Document 15-4 Filed 06/28/16 Page 3 of 3 1 2 3 There good cause to extend the time for service of the summons and complaint upon (6) There is good cause to extend the time for service of the summons and complaint upon defendants Fields and Via Vinci for an additional sixty (60) days. IT IS HEREBY ORDERED that the summons and complaint in this suit be served on defendants ORDERED complaint Fields and Via Vinci herein by publication thereof in the above-named newspaper and that the publication 4 be made for a period of four (4) weeks and at least once per week; 5 6 7 8 9 IT IS FURTHER ORDERED that the time for service of the summons and complaint upon service of the summons and complaint upon IT IS FURTHER ORDERED that the time defendants Fields and Via Vinci extended an additional sixty (60) days through and including defendants Fields and Via Vinci is extended for an additional sixty (60) days through and including September __,2016. September2 2016. , 1, July DATED: _________ ___, 2016 AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 ____________________________________ UNITED A. LEEN DISTRICT JUDGE PEGGY STATES 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 {38583401;1} 2

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