Bank Of New York Mellon v. Meister Park Homeowners Association et al
Filing
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ORDER Granting Defendant SFR Investments Pool 1, LLC's 48 Motion for Service by Publication as to Soraya Barnes. Service must be effectuated on or before 5/16/2017. Signed by Magistrate Judge George Foley, Jr on 3/17/2017. (Copies have been distributed pursuant to the NEF - SLD)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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Plaintiff,
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vs.
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MEISTER PARK HOMEOWNERS
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ASSOCIATION, et al.,
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Defendants.
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__________________________________________)
BANK OF NEW YORK MELLON,
Case No. 2:16-cv-01969-GMN-GWF
ORDER
This matter is before the Court on Defendant SFR Investments Pool 1, LLC’s (“SFR”)
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Motion for Service by Publication as to Soraya Barnes (ECF No. 48), filed on March 14, 2017.
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Also before the Court is Defendant SFR’s Motion to Enlarge Time to Serve Summons and Cross-
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Claim (ECF No. 49), filed on March 14, 2017.
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Pursuant to Fed. R. Civ. P. 6(b) and LR 26-4, extensions of time may be granted for good
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cause shown. Further, Rule 4(m) of the Federal Rules of Civil Procedure – which governs the time
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limit of service – allows the court to grant an extension of time for service if the plaintiff can show
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good cause for his failure to timely serve a defendant. Rule 4(e) of the Federal Rules of Civil
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Procedure provides that the state statutes in which the District Court is held are followed in matters
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pertaining to service of summons by publication. N.R.C.P. 4(e)(1)(i) states that the court may
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permit service by publication if, after due diligence shown, the plaintiff is unable to find the
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defendant(s) within the state, or they are avoiding the service of summons. The plaintiff must prove
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this to the satisfaction of the court either by affidavit or by a verified complaint. The Nevada
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Supreme Court has held that there is no objective, formulaic standard for determining what is, or is
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not, due diligence. Abreu v. Gilmer, 985 P.2d 746, 749 (1999).
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Defendant SFR represents that it has attempted service upon Counter-Defendant Soraya
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Barnes on multiple occasions and at multiple addresses. Defendant SFR represents that it conducted
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a diligent search to locate her. Therefore, Defendant SFR requests an additional sixty (60) days to
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serve Counter-Defendant Barnes. The Court finds that Defendant SFR has provided sufficient good
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cause to warrant an extension of time to serve Counter-Defendant Barnes. Defendant SFR also
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requests that it be permitted to serve Counter-Defendant by publication. Defendant SFR has
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demonstrated due diligence in attempting service on Counter-Defendant that would warrant
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permitting service by publication. Accordingly,
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IT IS HEREBY ORDERED that Defendant SFR Investments Pool 1, LLC’s (“SFR”)
Motion for Service by Publication as to Soraya Barnes (ECF No. 48) is granted as follows:
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Counter-Defendant Barnes may be served by Defendant SFR through
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publication of the summons and cross-claim in this case at least once a week
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for four (4) consecutive weeks in the Nevada Legal News, which is a
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newspaper of general circulation published in Las Vegas, Nevada. Said
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service must be effectuated on or before May 16, 2017.
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DATED this 17th day of March, 2017.
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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge
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