Bank of America, N.A. v. Decatur Mountain Villas Homeowners Association, Inc. et al

Filing 17

ORDER Granting 16 Motion for Service by Publication. See Order for details/deadlines. Signed by Magistrate Judge Nancy J. Koppe on 4/27/17. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 BANK OF AMERICA, N.A., 13 ) ) ) ) ) ) ) ) ) ) ) 14 Pending before the Court is Plaintiff’s motion for order authorizing service of summons and 15 complaint upon Defendant G.J.L., Incorporated, d/b/a Pro Forma Lien & Foreclosure Services, by 16 publication and order enlarging time for service of process. Docket No. 16. The Court finds this 17 motion properly resolved without a hearing. See Local Rule 78-1. For the reasons discussed below, 18 Plaintiff’s motion, Docket No. 16, is hereby GRANTED. 19 I. 9 Plaintiff(s), 10 vs. 11 FEDERAL NATIONAL MORTGAGE ASSOCIATION, et al., 12 Defendant(s). Case No. 2:16-cv-02765-APG-NJK ORDER (Docket No. 16) Motion to Extend Time for Service 20 Where good cause is shown, the time for serving the complaint is extended for an appropriate 21 period. See Fed. R. Civ. P. 4(m). The motion establishes sufficient cause to extend the time for 22 effectuating service on Defendant until June 26, 2017. 23 II. Motion for Leave to Serve by Publication 24 Plaintiff additionally seeks leave to serve Defendant by publication. Id. The Federal Rules 25 of Civil Procedure provide for service pursuant to the law of the state in which the district court is 26 located, or in which service is made. See, e.g., Fed. R. Civ. P. 4(e)(1). Pursuant to Rule 4 of the 27 Nevada Rules of Civil Procedure, parties are generally required to personally serve summons and 28 the complaint upon defendants. Nevada law also permits a party to obtain leave for service by 1 publication when the opposing party, inter alia “cannot, after due diligence be found within the state, 2 or by concealment seeks to avoid the service of summons.” Nev. R. Civ. P. 4(e)(1). There are 3 several factors courts consider to evaluate a party’s due diligence, including the number of attempts 4 made to serve the party at his residence and other methods of locating the party, such as consulting 5 public directories and family members. See Abreu v. Gilmer, 985 P.2d 746, 747 (Nev. 1999); 6 McNair v. Rivera, 874 P.2d 1240, 1241 (Nev. 1994); Price v. Dunn, 787 P.2d 785, 786-87 (Nev. 7 1990). 8 In this case, Plaintiff’s process servers have attempted unsuccessfully to serve Defendant 9 once at the address listed for its registered agent, five times at the address of one of its officers listed 10 by the Nevada Secretary of State, and three times at another address listed for it by the Nevada 11 Secretary of State. See, e.g., Docket No. 16-1 at 2; Docket No. 16-2 at 2; Docket No. 16-3 at 2; 12 Docket No. 16-4 at 2; Docket No. 16-5 at 3. Thus, the Court finds that Plaintiff has demonstrated 13 sufficient diligence to warrant service by publication. 14 III. Conclusion 15 For the reasons discussed above, the Court GRANTS Plaintiff’s motion for order authorizing 16 service of summons and complaint upon Defendant G.J.L., Incorporated, d/b/a Pro Forma Lien & 17 Foreclosure Services by publication and order enlarging time for service of process. Docket No. 16. 18 Plaintiff shall comply with the requirements of Nevada Rule of Civil Procedure 4 and shall serve 19 Defendant by publication in a newspaper of general circulation in the State of Nevada on a weekly 20 basis for a period of four weeks. After publication is complete, Plaintiff shall file an Affidavit of 21 Publication from the Nevada newspaper. The deadline to serve Defendant G.J.L., Incorporated d/b/a 22 Pro Forma Lien & Foreclosure Services is hereby EXTENDED to June 26, 2017. 23 IT IS SO ORDERED. 24 DATED: April 27, 2017. 25 26 ______________________________________ NANCY J. KOPPE United States Magistrate Judge 27 28 2

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