Wells Fargo Bank, N.A. v. Properties Plus Investments LLC et al

Filing 27

ORDER. IT IS HEREBY ORDERED that 21 the Court withdraws its Notice of Intent to Dismiss pursuant to FRCP 4(m). IT IS FURTHER ORDERED that 25 Plaintiff's Motion for Enlargement of Time is denied as moot. Signed by Magistrate Judge George Foley, Jr on 4/22/2019. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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WELLS FARGO BANK,

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Case No. 2:16-cv-01393-RFB-GWF
Plaintiff,

v.

ORDER

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PROPERTIES PLUS INVESTMENTS, LLC,
et al.,

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Defendants.

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This matter is before the Court on Plaintiff’s Response to Notice Regarding Intention to

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Dismiss Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure (ECF No. 24) and its

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Motion for Enlargement of Time (ECF No. 25), filed April 17, 2019.

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On December 7, 2018, Plaintiff filed its Amended Complaint (ECF No. 17) against

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Alessi Koenig, LLC, Properties Plus Investments LLC, the Falls at Rhodes Ranch Condominium

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Owners Association, Inc., Pico Boulevard Group, LLC. On March 19, 2019, the Court entered a

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Notice of Intent to Dismiss pursuant to FRCP 4(m) (ECF No. 21) for failure to file proof of

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service as to Properties Plus Investments LLC, the Falls at Rhodes Ranch Condominium Owners

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Association, Inc., and Alessi & Koenig, LLC (“Original Defendants”). However, Plaintiff

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represents that personal service on the Original Defendants is not required for two reasons. First,

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the Original Defendants are presently in default for failing to appear and second, pursuant to Fed.

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R. Civ. P. 5(a)(2), Plaintiff is not required to personally serve a new pleading unless it asserts a

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new claim for relief against such party. Motion (ECF No. 25), at 2-3. Upon review of Plaintiff’s

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amended Complaint, the Court agrees no additional claims have been added against the Original

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Defendants. Therefore, the Court will withdraw its Notice of Intent to Dismiss. Accordingly,

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IT IS HEREBY ORDERED that the Court withdraws its Notice of Intent to Dismiss
pursuant to FRCP 4(m) (ECF No. 21).
IT IS FURTHER ORDERED that Plaintiff’s Motion for Enlargement of Time (ECF No.
25) is denied as moot.
DATED: April 22, 2019

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GEORGE FOLEY, JR.
UNITED STATES MAGISTRATE JUDGE

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