U.S. Bank, National Association v. Warm Springs Reserve Owners Association et al

Filing 58

ORDER Granting 54 Motion for Service by Publication. Cross-Defendant John Foley may be served by publication and documents mailed to his last know address. SFR's 55 Motion to Enlarge Time to Serve is Granted. Time for service is extended by an additional 60 days from the date of this order is entered. Signed by Magistrate Judge Brenda Weksler on 6/20/2019. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-00844-RFB-BNW Document 56 Filed 06/17/19 Page 1 of 2

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DIANA S. 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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U.S. BANK NATIONAL ASSOCIATION, AS Case No. 2:16-cv-00844-RFB-BNW
SUCCESSOR TRUSTEE TO BANK OF
AMERICA, N.A. AS SUCCESSOR BY
ORDER GRANTING MOTION TO SERVE
MERGER TO LASALLE BANK, N.A., AS
JOHN FOLEY BY PUBLICATION
TRUSTEE FOR MERRILL LYNCH FIRST
FRANKLIN MORTGAGE LOAN TRUST,
-andMORTGAGE LOAN ASSET-BACKED
CERTIFICATES, SERIES 2007-5,
ORDER GRANTING MOTION TO
Plaintiff,
ENLARGE TIME TO SERVE SUMMONS
vs.
AND CROSS-CLAIM
WARM SPRINGS RESERVE OWNERS
ASSOCIATION; SFR INVESTMENTS POOL
1, LLC; ALESSI & KOENIG, LLC,
Defendants.

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

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Counterclaimant,

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vs.

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U.S. BANK NATIONAL ASSOCIATION, AS
SUCCESSOR TRUSTEE TO BANK OF
AMERICA, N.A. AS SUCCESSOR BY
MERGER TO LASALLE BANK, N.A., AS
TRUSTEE FOR MERRILL LYNCH FIRST
FRANKLIN MORTGAGE LOAN TRUST,
MORTGAGE LOAN ASSET-BACKED

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Case 2:16-cv-00844-RFB-BNW Document 56 Filed 06/17/19 Page 2 of 2

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CERTIFICATES, SERIES 2007-5; JOHN
FOLEY, an individual,

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Counter/Cross Defendants.
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Upon reading the Affidavit of Due Diligence [ECF No. 47]; it appearing that an Answer,

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Counterclaim, and Cross-Claim (ECF No. 42) has been filed; that a Summons directed to Cross-

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Defendant, JOHN FOLEY has been issued [ECF No. 45]; that Cross-Defendant is a necessary

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

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and good cause appearing therefore,

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

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[phone] FAX [phone]

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

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KIM GILBERT EBRON

IT IS HEREBY ORDERED that since the Cross-Defendant, JOHN FOLEY, cannot now

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

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a newspaper of general circulation in Clark County, Nevada.

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

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and Cross-Claim shall be mailed forthwith to Cross-Defendant JOHN FOLEY, first class mail,

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postage 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 20th day of June, 2019.

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___________________________________
UNITED STATES MAGISTRATE JUDGE

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Submitted by:
KIM GILBERT EBRON
/s/ Diana S. Ebron
Diana S. Ebron, Esq.
Nevada Bar No. 10580
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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