PHH Mortgage Corporation v. SFR Investments Pool 1, LLC et al

Filing 38

ORDER granting 35 Motion to Serve by Publication; FURTHER ORDERED that SFR's Motion to Enlarge Time to Serve is GRANTED and the time for 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 12/8/2016. (Copies have been distributed pursuant to the NEF - JM)

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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 Case No. 2:16-cv-01648-GMN-CWH PHH MORTGAGE CORPORATION, ORDER GRANTING MOTION TO SERVE ANDREW E. CATO BY PUBLICATION Plaintiff, 13 vs. 14 SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company; CENTENNIAL PARK HOMEOWNERS ASSOCIATION, a Nevada non-profit corporation; ANDREW E. CATO, an individual, 15 16 17 18 19 -andORDER GRANTING MOTION TO ENLARGE TIME TO SERVE SUMMONS AND CROSS-CLAIM Defendants. ______________________________________ SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, 20 Counter/Cross Claimant, 21 22 23 24 vs. PHH MORTGAGE CORPORATION; and ANDREW E. CATO, an individual, Counter/Cross Defendants. 25 26 27 28 Upon reading the Affidavit of Due Diligence; it appearing that an Answer, Counterclaim, and Cross-Claim has been filed; that a Summons directed to Cross-Defendant, ANDREW E. CATO (“Cato”) has been issued [ECF No. 21]; that Cross-Defendant, Cato is a necessary party; -1- 1 and that Cross-Defendant Cato cannot be found to be personally served in the State of Nevada, 2 and good cause appearing therefore, 3 IT IS HEREBY ORDERED that since the Cross-Defendant, ANDREW E. CATO, cannot 4 now be found so as to be personally served, he may be served by publication of the Summons at 5 least once a week for four (4) weeks in the Nevada Legal News, a newspaper of general circulation, 6 pursuant to FRCP 4(e)(1) and NRCP 4(e)(1) and least once a week for four (4) weeks in a 7 newspaper of general circulation in the Seattle, Washington metropolitan area, pursuant to FRCP 8 4(e)(1) and NRCP 4(e)(1). and Cross-Claim shall be mailed forthwith to Cross-Defendant Cato, first class mail, postage 11 prepaid, addressed to the Cross-Defendant’s last known address. 12 (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON IT IS FURTHER ORDERED that a copy of the Summons and Answer, Counterclaim, 10 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NV 89139 9 IT IS FURTHER ORDERED that SFR’s Motion to Enlarge Time to Serve is GRANTED 13 and the time for service is extended by an additional 60 days from the date of this order is entered 14 to allow SFR Investments Pool 1, LLC (“SFR”) to effectuate service by publication. 15 16 December 8 Dated this ____ day of ________________, 2016. 17 18 _________________________ UNITED STATES JUDGE 19 20 21 22 23 24 25 26 27 28 Submitted by: KIM GILBERT EBRON /s/Diana Cline Ebron 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-

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