Bank of New York Mellon v. Birmingham et al

Filing 43

ORDER re ECF No. 42 Proposed Order; granting ECF No. 40 , 41 Motions : Time for service upon Jean Birmingham is extended to 11/13/2017. Signed by Magistrate Judge George Foley, Jr on 9/14/2017. (Copies have been distributed pursuant to the NEF - DRM)

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DIANA S. 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 89139-5974
Telephone: [phone]
Facsimile: [phone]
Attorney for Defendant/Counterclaimant/Cross-Claimant,
SFR Investments Pool 1, LLC

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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[phone] FAX [phone]

KIM GILBERT EBRON

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

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THE BANK OF NEW YORK MELLON
FKA THE BANK OF NEW YORK, AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWALT,
INC., ALTERNATIVE LOAN TRUST 20051CB, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-1CB,

Case No.: 2:17-cv-01030-MMD-GWF
ORDER GRANTING MOTION TO
SERVE JEAN BIRMINGHAM BY
PUBLICATION
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Plaintiff,

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

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vs.

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JEAN BIRMINGHAM; MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC.; SFR INVESTMENTS
POOL 1, LLC; PEARL COVE II
HOMEOWNERS ASSOCIATION; DOE
INDIVIDUALS I-X, inclusive; and ROE
CORPORATIONS I-X, inclusive,

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Defendants.

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SFR INVESTMENTS POOL 1, LLC,
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Counterclaimant/Cross-Claimant,
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vs.
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THE BANK OF NEW YORK MELLON
FKA THE BANK OF NEW YORK, AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWALT,
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INC., ALTERNATIVE LOAN TRUST 20051CB, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-1CB;
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. as
Nominee Beneficiary for MIRAD
FINANCIAL GROUP; JEAN
BIRMINGHAM, an individual,

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Counter-Defendant/Cross-Defendants.

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and Cross-Claim has been filed; that a Summons directed to Cross-Defendant, JEAN

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BIRMINGHAM has been issued [ECF No. 32-1]; that Cross-Defendant, Birmingham is a

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necessary party; and that Cross-Defendant Birmingham cannot be found to be personally served

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in the State of Nevada, and good cause appearing therefore,

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[phone] FAX [phone]

KIM GILBERT EBRON

Upon reading the Affidavit of Due Diligence; it appearing that an Answer, Counterclaim,

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

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IT IS HEREBY ORDERED that since the Cross-Defendant, JEAN BIRMINGHAM,

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cannot now be found so as to be personally served, she may be served by publication of the

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Summons at least once a week for four (4) weeks in the Nevada Legal News, a newspaper of

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general circulation.

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IT IS FURTHER ORDERED that a copy of the Summons and Answer, Counterclaim,

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and Cross-Claim shall be mailed forthwith to Cross-Defendant Birmingham, first class mail,

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postage prepaid, addressed to the Cross-Defendant’s last known address.

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

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

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to allow SFR Investments Pool 1, LLC (“SFR”) to effectuate service by publication.

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September
Dated this 14th day of ________________, 2017.
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___________________________________
UNITED STATES MAGISTRATE JUDGE

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Submitted by:
KIM GILBERT EBRON

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[phone] FAX [phone]

KIM GILBERT EBRON

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

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/s/ Diana S. Ebron
DIANA S. 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 89139-5974
Telephone: [phone]
Facsimile: [phone]
Attorney for Defendant/Counterclaimant/
Cross-Claimant,
SFR Investments Pool 1, LLC

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