Universal North America Insurance Company v. Schwalb et al
ORDER. IT IS ORDERED that 5 Plaintiff's Application for an Order for Service by Publication is DENIED without prejudice. Signed by Magistrate Judge Peggy A. Leen on 8/24/17. (Copies have been distributed pursuant to the NEF - ADR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
UNIVERSAL NORTH AMERICA
Case No. 2:17-cv-01553-APG-PAL
(Mot Serve Pub – ECF No. 5)
JONATHAN SCHWALB, et al.,
Before the court is Plaintiff’s Application for an Order for Service by Publication (ECF
No. 5). The affidavit of due diligence indicates the process server attempted service at defendant
Victor Drais’ residence in a guard gated community on 6/10/17, 6/13/17, 6/15/17, and 6/18/17.
However, the affidavit also states that there were no cars parked in the driveway, no lights, and no
signs of activity. Under these circumstances, the court is not satisfied that plaintiff has shown the
defendant is evading service. Accordingly,
IT IS ORDERED that Plaintiff’s Application for an Order for Service by Publication (ECF
No. 5) is DENIED without prejudice.
DATED this 24th day of August, 2017.
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE
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