Bank Of New York Mellon v. Meister Park Homeowners Association et al

Filing 54

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 12 13 ) ) Plaintiff, ) ) ) vs. ) MEISTER PARK HOMEOWNERS ) ) ASSOCIATION, et al., ) Defendants. ) __________________________________________) 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”) 14 Motion for Service by Publication as to Soraya Barnes (ECF No. 48), filed on March 14, 2017. 15 Also before the Court is Defendant SFR’s Motion to Enlarge Time to Serve Summons and Cross- 16 Claim (ECF No. 49), filed on March 14, 2017. 17 Pursuant to Fed. R. Civ. P. 6(b) and LR 26-4, extensions of time may be granted for good 18 cause shown. Further, Rule 4(m) of the Federal Rules of Civil Procedure – which governs the time 19 limit of service – allows the court to grant an extension of time for service if the plaintiff can show 20 good cause for his failure to timely serve a defendant. Rule 4(e) of the Federal Rules of Civil 21 Procedure provides that the state statutes in which the District Court is held are followed in matters 22 pertaining to service of summons by publication. N.R.C.P. 4(e)(1)(i) states that the court may 23 permit service by publication if, after due diligence shown, the plaintiff is unable to find the 24 defendant(s) within the state, or they are avoiding the service of summons. The plaintiff must prove 25 this to the satisfaction of the court either by affidavit or by a verified complaint. The Nevada 26 Supreme Court has held that there is no objective, formulaic standard for determining what is, or is 27 not, due diligence. Abreu v. Gilmer, 985 P.2d 746, 749 (1999). 28 Defendant SFR represents that it has attempted service upon Counter-Defendant Soraya 1 Barnes on multiple occasions and at multiple addresses. Defendant SFR represents that it conducted 2 a diligent search to locate her. Therefore, Defendant SFR requests an additional sixty (60) days to 3 serve Counter-Defendant Barnes. The Court finds that Defendant SFR has provided sufficient good 4 cause to warrant an extension of time to serve Counter-Defendant Barnes. Defendant SFR also 5 requests that it be permitted to serve Counter-Defendant by publication. Defendant SFR has 6 demonstrated due diligence in attempting service on Counter-Defendant that would warrant 7 permitting service by publication. Accordingly, 8 9 10 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: 1. Counter-Defendant Barnes may be served by Defendant SFR through 11 publication of the summons and cross-claim in this case at least once a week 12 for four (4) consecutive weeks in the Nevada Legal News, which is a 13 newspaper of general circulation published in Las Vegas, Nevada. Said 14 service must be effectuated on or before May 16, 2017. 15 DATED this 17th day of March, 2017. 16 17 18 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28 2

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