Wilmington Trust, N.A. v. SFR Investments Pool 1, LLC et al

Filing 32

ORDER Granting 29 Motion for Service by Publication; and Granting 30 Motion to Enlarge Time to Service. Signed by Magistrate Judge Cam Ferenbach on 6/19/17. (Copies have been distributed pursuant to the NEF - MMM)

Download PDF
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 13 14 15 WILMINGTON TRUST, N.A., SUCCESSOR TRUSTEE TO CITIBANK, N.A., AS TRUSTEE F/B/O HOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., BEAR STEARNS ALT-A TRUST 2006-4, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 20064, 16 17 18 19 20 21 22 Plaintiff, Case No. 2:16-cv-02756-RFB-VCF ORDER GRANTING MOTION TO SERVE MASHELLE CLARK aka SHELLY CLARK BY PUBLICATION -andORDER GRANTING MOTION TO ENLARGE TIME TO SERVE SUMMONS AND CROSS-CLAIM vs. SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company; GIAVANNA HOMEOWNERS ASSOCIATION, INC., Defendants. ______________________________________ GIAVANNA HOMEOWNERS ASSOCIATION, a Nevada non-profit corporation, 23 Third-Party Plaintiff, 24 25 26 vs. ABSOLUTE COLLECTION SERVICES, LLC, a Nevada limited liability company, 27 Third-Party Defendant. 28 -1- 1 SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, 2 Counter/Cross Claimant, 3 vs. 4 9 WILMINGTON TRUST, N.A., SUCCESSOR TRUSTEE TO CITIBANK, N.A., AS TRUSTEE F/B/O HOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., BEAR STEARNS ALT-A TRUST 2006-4, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 20064; MASHELLE CLARK aka SHELLY CLARK, an individual, , 10 Counter/Cross Defendants. 5 6 7 8 11 and Cross-Claim has been filed; that a Summons directed to Cross-Defendant, MASHELLE (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NV 89139 Upon reading the Affidavit of Due Diligence; it appearing that an Answer, Counterclaim, 12 13 CLARK aka SHELLY CLARK (“Clark”) has been issued [ECF No. 22]; that Cross-Defendant, 14 Clark is a necessary party; and that Cross-Defendant Clark cannot be found to be personally served 15 in the State of Nevada, and good cause appearing therefore, 16 IT IS HEREBY ORDERED that since the Cross-Defendant, MASHELLE CLARK aka 17 SHELLY CLARK, cannot now be found so as to be personally served, she may be served by 18 publication of the Summons at least once a week for four (4) weeks in the Nevada Legal News, a 19 newspaper of general circulation, pursuant to FRCP 4(e)(1) and NRCP 4(e)(1). 20 IT IS FURTHER ORDERED that a copy of the Summons and Answer, Counterclaim, 21 and Cross-Claim shall be mailed forthwith to Cross-Defendant Clark, first class mail, postage 22 prepaid, addressed to the Cross-Defendant’s last known address. 23 IT IS FURTHER ORDERED that SFR’s Motion to Enlarge Time to Serve is GRANTED 24 and the time for service is extended by an additional 60 days from the date of this order is entered 25 /// 26 /// 27 /// 28 -2- 1 2 3 to allow SFR Investments Pool 1, LLC (“SFR”) to effectuate service by publication. 19th June Dated this ____ day of ________________, 2017. 4 5 ___________________________________ UNITED STATES MAGISTRATE JUDGE 6 7 8 9 Submitted by: /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 12 (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON KIM GILBERT EBRON 11 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NV 89139 10 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?