Bank of America, N.A. v. Falcon Pointe Association et al

Filing 55

ORDER Granting 50 Motion to Serve Melanie Giese by Publication and Granting 51 Motion to Enlarge Time to Serve Summons and Cross-Claim. Service is extended by an additional 60 days from the date of this order is entered to allow SFR Investments Pool 1, LLC to effectuate service by publication. Signed by Magistrate Judge Carl W. Hoffman on 9/19/2016. (Copies have been distributed pursuant to the NEF - SLD)

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DIANA CLINE EBRON, ESQ.
Nevada Bar No. 10580
E-mail: [e-mail]
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
E-mail: [e-mail]
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
E-mail: [e-mail]
KIM GILBERT EBRON
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Telephone: [phone]
Facsimile: [phone]
Attorneys for SFR Investments Pool 1, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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[phone] FAX [phone]

KIM GILBERT EBRON

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NV 89139

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BANK OF AMERICA, N.A., successor by
merger TO BAC HOME LOANS
SERVICING, LP, FKA COUNTRYWIDE
HOME LOANS SERVICING, LP,

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Case No. 2:16-cv-00814-GMN-CWH
ORDER GRANTING MOTION TO SERVE
MELANIE GIESE BY PUBLICATION

Plaintiff,
vs.

-and-

FALCON POINTE ASSOCIATION; SFR
INVESTMENTS POOL 1, LLC; and RED
ROCK FINANCIAL SERVICES, LLC,

ORDER GRANTING MOTION TO
ENLARGE TIME TO SERVE SUMMONS
AND CROSS-CLAIM

Defendants.
______________________________________
SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,

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Counter/Cross Claimant,

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vs.

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BANK OF AMERICA, N.A., successor by
merger TO BAC HOME LOANS
SERVICING, LP, FKA COUNTRYWIDE
HOME LOANS SERVICING, LP; MELANIE
GIESE, an individual; and MARK COWENS,
an individual,

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Counter/Cross Defendants.

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Upon reading the Affidavit of Due Diligence; it appearing that an Answer, Counterclaim,

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and Cross-Claim has been filed; that a Summons directed to Cross-Defendant, MELANIE GIESE

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(“Giese”) has been issued [ECF No. 30]; that Cross-Defendant, Giese is a necessary party; and

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that Cross-Defendant Cowens cannot be found to be personally served in the State of Nevada, and

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good cause appearing therefore,

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IT IS HEREBY ORDERED that since the Cross-Defendant, MELANIE GIESE, cannot

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now be found so as to be personally served, he may be served by publication of the Summons at

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least once a week for four (4) weeks in the Nevada Legal News, a newspaper of general circulation,

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pursuant to FRCP 4(e)(1) and NRCP 4(e)(1).

and Cross-Claim shall be mailed forthwith to Cross-Defendant Giese, first class mail, postage

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[phone] FAX [phone]

KIM GILBERT EBRON

IT IS FURTHER ORDERED that a copy of the Summons and Answer, Counterclaim,

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7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NV 89139

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prepaid, addressed to the Cross-Defendant’s last known address.

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IT IS FURTHER ORDERED that SFR’s Motion to Enlarge Time to Serve is GRANTED

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and the time for service is extended by an additional 60 days from the date of this order is entered

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to allow SFR Investments Pool 1, LLC (“SFR”) to effectuate service by publication.

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Dated this ____ day of ________________, 2016.
September 19,
2016 _________________________

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UNITED STATES JUDGE
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: [phone]
Fax: [phone]
Attorneys for SFR Investments Pool 1, LLC

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