The Bank of New York Mellon v. Sunrise Ridge Master Homeowners Association et al

Filing 35

ORDER Granting 32 Motion to Serve Patty Tan by Publication and Granting 33 Motion to Enlarge Time to Serve Summons and Cross-Claim. 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 George Foley, Jr on 7/5/2017. (Copies have been distributed pursuant to the NEF - SLD)

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Case 2:17-cv-00214-JAD-GWF Document 34 Filed 07/03/17 Page 1 of 3 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 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWMBS, INC., CHL MORTGAGE PASSTHROUGH TRUST 2005-HYB4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HYB4, Plaintiff, 16 17 18 19 20 21 vs. SUNRISE RIDGE MASTER HOMEOWNERS ASSOCIATION; SFR INVESTMENTS POOL 1, LLC; and NEVADA ASSOCIATION SERVICES, INC., Case No. 2:17-cv-00214-JAD-GWF ORDER GRANTING MOTION TO SERVE PATTY TAN BY PUBLICATION -andORDER GRANTING MOTION TO ENLARGE TIME TO SERVE SUMMONS AND CROSS-CLAIM Defendants. ______________________________________ SFR INVESTMENTS POOL 1, LLC, 22 Counter/Cross Claimant, 23 vs. 24 25 26 27 28 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWMBS, INC., CHL MORTGAGE PASSTHROUGH TRUST 2005-HYB4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HYB4; PATTY TAN, an individual, -1- Case 2:17-cv-00214-JAD-GWF Document 34 Filed 07/03/17 Page 2 of 3 Counter/Cross Defendants. 1 2 Upon reading the Affidavit of Due Diligence; it appearing that an Answer, Counterclaim, 3 and Cross-Claim has been filed; that a Summons directed to Cross-Defendant, PATTY TAN has 4 been issued [ECF No. 27]; that Cross-Defendant, Tan is a necessary party; and that Cross5 Defendant Tan cannot be found to be personally served in the State of Nevada, and good cause 6 appearing therefore, 7 IT IS HEREBY ORDERED that since the Cross-Defendant, PATTY TAN, cannot now 8 be found so as to be personally served, she may be served by publication of the Summons at least 9 once a week for four (4) weeks in the Nevada Legal News, a newspaper of general circulation and 10 once a week for four (4) weeks in a newspaper of general circulation in Los Angeles County, 11 IT IS FURTHER ORDERED that a copy of the Summons and Answer, Counterclaim, (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NV 89139 California. 12 13 and Cross-Claim shall be mailed forthwith to Cross-Defendant Tan, first class mail, postage 14 prepaid, addressed to the Cross-Defendant’s last known address. 15 IT IS FURTHER ORDERED that SFR’s Motion to Enlarge Time to Serve is GRANTED 16 and the time for service is extended by an additional 60 days from the date of this order is entered 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 -2- Case 2:17-cv-00214-JAD-GWF Document 34 Filed 07/03/17 Page 3 of 3 1 to allow SFR Investments Pool 1, LLC (“SFR”) to effectuate service by publication. 2 3 July Dated this ____ day of ________________, 2017. 5th 4 5 ___________________________________ UNITED STATES MAGISTRATE JUDGE 6 7 Submitted by: 8 KIM GILBERT EBRON 9 /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 10 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 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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