The Bank of New York Mellon v. Stone Canyon West Homeowners Association et al

Filing 47

ORDER Granting Cross Claimant SFR Investments Pool 1, LLC's 44 Motion for Service by Publication of Cross-Defendant Juan A. Chacon. SFR's 45 Motion to Extend Time 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 12/20/2016. (Copies have been distributed pursuant to the NEF - SLD)

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Case 2:16-cv-01904-GMN-CWH Document 46 Filed 12/15/16 Page 1 of 2 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 DISTRICT OF NEVADA 11 BANK OF NEW YORK MELLON, FKA Case No. 2:16-cv-01904-GMN-CWH BANK OF NEW YORK, AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, ORDER GRANTING MOTION TO SERVE N.A., AS TRUSTEE FOR STRUCTURED JUAN A. CHACON BY PUBLICATION ASSET MORTGAGE INVESTMENTS II TRUST 2006-AR6, MORTGAGE PASS-andTHROUGH CERTIFICATES SERIES 2006AR6, ORDER GRANTING MOTION TO Plaintiff, ENLARGE TIME TO SERVE SUMMONS vs. AND CROSS-CLAIM 12 (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON UNITED STATES DISTRICT COURT 10 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NV 89139 9 13 14 15 16 17 18 19 20 21 STONE CANYON WEST HOMEOWNERS ASSOCIATION; and SFR INVESTMENTS POOL 1, LLC., Defendants. ______________________________________ SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, Counter/Cross Claimant, 22 23 vs. 24 BANK OF NEW YORK MELLON, FKA BANK OF NEW YORK, AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II TRUST 2006-AR6, MORTGAGE PASSTHROUGH CERTIFICATES SERIES 2006AR6; NATIONSTAR MORTAGE, LLC; BANK OF AMERICA, N.A., a national 25 26 27 28 -1- Case 2:16-cv-01904-GMN-CWH Document 46 Filed 12/15/16 Page 2 of 2 1 banking association; JUAN A. CHACON, an individual, Counter/Cross Defendants. 2 3 Upon reading the Affidavit of Due Diligence [ECF No. 43]; it appearing that an Answer, 4 Counterclaim, and Cross-Claim has been filed; that a Summons directed to Cross-Defendant, 5 JUAN A. CHACON (“Chacon”) has been issued [ECF No. 24]; that Cross-Defendant, Chacon is 6 a necessary party; and that Cross-Defendant Chacon cannot be found to be personally served in 7 the State of Nevada, and good cause appearing therefore, 8 IT IS HEREBY ORDERED that since the Cross-Defendant, JUAN A. CHACON, cannot 9 now be found so as to be personally served, he may be served by publication of the Summons at 10 least once a week for four (4) weeks in the Nevada Legal News, a newspaper of general circulation, 11 IT IS FURTHER ORDERED that a copy of the Summons and Answer, Counterclaim, (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NV 89139 pursuant to FRCP 4(e)(1) and NRCP 4(e)(1). 12 13 and Cross-Claim shall be mailed forthwith to Cross-Defendant Chacon, first class mail, postage 14 prepaid, addressed to the Cross-Defendant’s last known address. 15 IT IS FURTHER ORDERED that SFR’s Motion to Enlarge Time to Serve is GRANTED 16 and the time for service is extended by an additional 60 days from the date of this order is entered 17 to allow SFR Investments Pool 1, LLC (“SFR”) to effectuate service by publication. 18 19 Dated this ____ day of 2016 December 20, ________________, 2016. 20 21 22 Submitted by: 23 KIM GILBERT EBRON 24 _________________________ UNITED STATES JUDGE MAGISTRATE JUDGE /s/Diana Cline Ebron Diana Cline Ebron, Esq. Nevada Bar No. 10580 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 25 26 27 28 -2-

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