Bank of America, N.A., v. Solera at Stallion Mountain Unit Owners' Association et al

Filing 44

ORDER Granting SFR Investments Pool 1, LLC's 34 Motion for Service by Publication as to Paul O. Parton and Granting 35 Motion for Extension of Time to Serve Summons and Cross-Claim as to Paul O. Parton. 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 Peggy A. Leen on 4/7/2017. (Copies have been distributed pursuant to the NEF - SLD)

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Case 2:16-cv-02339-JCM-PAL Document 36 Filed 02/27/17 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 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 BANK OF AMERICA, N.A., Case No. 2:16-cv-02339-JCM-VCF Plaintiff, 13 vs. 14 SOLERA at STALLION MOUNTAIN UNIT OWNERS’ ASSOCIATION; SFR INVESTMENTS POOL 1, LLC; and NEVADA ASSOCIATION SERVICES, INC., 15 16 17 18 ORDER GRANTING MOTION TO SERVE PAUL O. PARTON BY PUBLICATION (ECF No. 34) -and- ORDER GRANTING MOTION TO Defendants. ENLARGE TIME TO SERVE ______________________________________ SUMMONS AND CROSS-CLAIM SFR INVESTMENTS POOL 1, LLC, a (ECF No. 35) Nevada limited liability company, 19 Counter/Cross Claimant, 20 21 22 23 24 vs. BANK OF AMERICA, N.A.; PAUL O. PARTON, an individual; CORNELIA A. PARTON, an individual, Counter/Cross Defendants. 25 Upon reading the Affidavit of Due Diligence; it appearing that an Answer, Counterclaim, 26 and Cross-Claim has been filed; that a Summons directed to Cross-Defendant, PAUL O. PARTON 27 (“Parton”) has been issued [ECF No. 20]; that Cross-Defendant, Parton is a necessary party; and 28 that Cross-Defendant Parton cannot be found to be personally served in the State of Nevada, and -1- Case 2:16-cv-02339-JCM-PAL Document 36 Filed 02/27/17 Page 2 of 2 1 good cause appearing therefore, 2 IT IS HEREBY ORDERED that since the Cross-Defendant, PAUL O. PARTON, cannot 3 now be found so as to be personally served, he may be served by publication of the Summons at 4 least once a week for four (4) weeks in the Nevada Legal News, a newspaper of general circulation, 5 a newspaper of general circulation in Denton County, Texas and a newspaper of general circulation 6 in Love County, Oklahoma, pursuant to FRCP 4(e)(1) and NRCP 4(e)(1), 7 IT IS FURTHER ORDERED that a copy of the Summons and Answer, Counterclaim, 8 and Cross-Claim shall be mailed forthwith to Cross-Defendant Parton, first class mail, postage 9 prepaid, addressed to the Cross-Defendant’s last known address. and the time for service is extended by an additional 60 days from the date of this order is entered 12 (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON IT IS FURTHER ORDERED that SFR’s Motion to Enlarge Time to Serve is GRANTED 11 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NV 89139 10 to allow SFR Investments Pool 1, LLC (“SFR”) to effectuate service by publication. 13 14 Dated this 7th day of April, 2017. 15 16 ___________________________________ UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 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 27 28 -2-

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