Henderson v. Hughes et al

Filing 220

ORDER Re: 202 Order on Ex Parte Motion, 205 Affidavit. Plaintiff shall serve the Colindo Trust and the Bob Creek Trust by serving Frank A. Finnerty in his capacity as trustee for each of these trusts via publication (see order for details). Signed by Magistrate Judge Carl W. Hoffman on 11/28/2017. (Copies have been distributed pursuant to the NEF - JM)

Stephen K. Christiansen
(Nev. Bar No. 11081)
311 S. State, Ste. 250
Salt Lake City, Utah 84111
Telephone: [phone]
Facsimile: 801.716.7017
[e-mail]
Attorney for Plaintiff
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA, SOUTHERN DIVISION
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Plaintiff,
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vs.
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THOMAS ROBERT HUGHES a/k/a T.R.
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HUGHES a/k/a BOB HUGHES, individually
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and doing business as certain entities named
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herein and as putative trustee of NORTHSTAR
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GLOBAL BT and the ODIN STATUTORY
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TRUST; LAKE W HOLDINGS LLC;
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WESTERN GOLD COMPANY, LLC;
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COLINDO, LTD.; FRANK A. FINNERTY, as
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putative trustee of the COLINDO TRUST and as )
putative trustee of the BOB CREEK TRUST;
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BCT HOLDINGS LLC; COLTEN METALS
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LLC; MISSION MINING COMPANY;
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CHERYL BETH HUGHES; CBH
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CONSULTING LLC; and DOES 1-100,
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Defendants.
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ELMA HENDERSON, an individual,

ORDER OF SERVICE BY
PUBLICATION ON DEFENDANT
FRANK A. FINNERTY
AS TRUSTEE
Case No. 2:16-cv-01837-JAD-CWH

FOR GOOD CAUSE APPEARING, and based upon plaintiff’s Ex Parte Verified Motion
for Alternative Service of Process (ECF No. 170), the Court’s Order thereon entered October 17,
2017 (ECF No. 202), the plaintiff’s Affidavit of Due Diligence filed November 7, 2017 (ECF

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No. 205), and the Court’s Minute Entry of November 17, 2017 (ECF No. 216), the Court hereby

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ORDERS service by publication as follows:

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Plaintiff shall serve the Colindo Trust and the Bob Creek Trust by serving Frank A.

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Finnerty in his capacity as trustee for each of these trusts via publication. Plaintiff shall cause the

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substance of a summons to be published in the Nevada Legal News and the Reno Gazette-

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Journal, general-circulation newspapers serving southern and northern Nevada respectively,1 on

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one day each week for four (4) successive weeks, to be completed by January 31, 2018. The

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summons shall require a response to the Second Amended Complaint (ECF No. 155), which is

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the currently governing pleading. Service shall be complete upon the completion of the fourth

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publication. The substance of the summons to be published shall contain the caption of this case

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and shall read in substantive part as follows (which language tracks in substantive part the

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language of a summons issued by the Clerk of Court and provides additional information):

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To FRANK A. FINNERTY, as putative trustee of the COLINDO TRUST and as putative
trustee of the BOB CREEK TRUST: A lawsuit has been filed against you. By no later
than February 28, 2018, you must serve on the plaintiff an answer to the Second
Amended Complaint filed June 19, 2017, or a motion under Rule 12 of the Federal Rules
of Civil Procedure. The answer or motion must be served on the plaintiff’s attorney,
whose name and address are: Stephen K. Christiansen, 311 S. State, Ste. 250, Salt Lake
City, UT 84111. If you fail to respond, judgment by default will be entered against you
for the relief demanded in the Second Amended Complaint. You must also file your
answer or motion with the court. A copy of the Second Amended Complaint may be
obtained from the plaintiff’s attorney or from the Clerk of the United States District Court
for the District of Nevada, Southern Division.

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November 28, 2017

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See https://www.nevadalegalnews.com/company/index.php; http://static.rgj.com/about-us/.
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IT IS SO ORDERED.

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November 28
DATED this ____ day of ___________________, 2017.

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Magistrate Judge Carl W. Hoffman
United States District Court

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