Bank of New York Mellon v. SFR Investments Pool 1, LLC et al

Filing 44

ORDER Granting 41 Motion for Service by Publication. IT IS FURTHER ORDERED that 42 SFR's Motion to Enlarge Time to Serve is GRANTED and 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 ("SFR") to effectuate service by publication. Signed by Magistrate Judge Carl W. Hoffman on 6/6/17. (Copies have been distributed pursuant to the NEF - MR)

Case 2:17-cv-00210-JCM-CWH Document 43 Filed 06/05/17 Page 1 of 2

1
2
3
4
5
6
7
8

DIANA CLINE EBRON, ESQ.
Nevada Bar No. 10580
E-mail: [e-mail]
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
E-mail: [e-mail]
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
E-mail: [e-mail]
KIM GILBERT EBRON
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Telephone: [phone]
Facsimile: [phone]
Attorneys for SFR Investments Pool 1, LLC

9
UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

12
[phone] FAX [phone]

KIM GILBERT EBRON

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NV 89139

11

13
14

THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF
THE CWABS, INC. ASSET-BACKED
CERTIFICATES, SERIES 2005-17,
Plaintiff,

15
16
17
18
19
20

Case No. 2:17-cv-00210-JCM-CWH
ORDER GRANTING MOTION TO SERVE
MASHELLE RODERICK SMITH BY
PUBLICATION
-and-

vs.
ORDER GRANTING MOTION TO
ENLARGE TIME TO SERVE SUMMONS
AND CROSS-CLAIM

SFR INVESTMENTS POOL 1, LLC;
ALIANTE MASTER ASSOCIATION,
Defendants.
______________________________________
SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,
Counter/Cross Claimant,

21
22
23

vs.

27

THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF
THE CWABS, INC. ASSET-BACKED
CERTIFICATES, SERIES 2005-17;
COUNTRYWIDE HOME LOANS, INC.;
RODERICK SMITH, an individual;
MELINDA SMITH, an individual

28

Counter/Cross Defendants.

24
25
26

-1-

Case 2:17-cv-00210-JCM-CWH Document 43 Filed 06/05/17 Page 2 of 2

1
Upon reading the Affidavit of Due Diligence [ECF No. 36]; it appearing that an Answer,
2
Counterclaim, and Cross-Claim has been filed; that a Summons directed to Cross-Defendant,
3

RODERICK SMITH (“Smith”) has been issued [ECF No. 25]; that Cross-Defendant, Smith is a

4
necessary party; and that Cross-Defendant Smith cannot be found to be personally served in the
5
State of Nevada, and good cause appearing therefore,
6
IT IS HEREBY ORDERED that since the Cross-Defendant, RODERICK SMITH,
7
cannot now be found so as to be personally served, he may be served by publication of the
8
Summons at least once a week for four (4) weeks in the Nevada Legal News, a newspaper of
9
general circulation, pursuant to FRCP 4(e)(1) and NRCP 4(e)(1).
10
IT IS FURTHER ORDERED that a copy of the Summons and Answer, Counterclaim,
11
prepaid, addressed to the Cross-Defendant’s last known address.
[phone] FAX [phone]

KIM GILBERT EBRON

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NV 89139

and Cross-Claim shall be mailed forthwith to Cross-Defendant Smith, first class mail, postage
12
13

IT IS FURTHER ORDERED that SFR’s Motion to Enlarge Time to Serve is GRANTED

14
and the time for service is extended by an additional 60 days from the date of this order is entered
15
16

to allow SFR Investments Pool 1, LLC (“SFR”) to effectuate service by publication.
DATED: June 6,day of ________________, 2017.
Dated this ____ 2017

17
18
19

__________________________________
UNITED STATES MAGISTRATE JUDGE

20
21
22
23
24
25
26
27
28

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: [phone]
Fax: [phone]
Attorneys for SFR Investments Pool 1, LLC
-2-