Universal North America Insurance Company v. Schwalb et al
Filing
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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)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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UNIVERSAL NORTH AMERICA
INSURANCE COMPANY,
v.
Case No. 2:17-cv-01553-APG-PAL
ORDER
Plaintiff,
(Mot Serve Pub – ECF No. 5)
JONATHAN SCHWALB, et al.,
Defendant.
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Before the court is Plaintiff’s Application for an Order for Service by Publication (ECF
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No. 5). The affidavit of due diligence indicates the process server attempted service at defendant
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Victor Drais’ residence in a guard gated community on 6/10/17, 6/13/17, 6/15/17, and 6/18/17.
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However, the affidavit also states that there were no cars parked in the driveway, no lights, and no
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signs of activity. Under these circumstances, the court is not satisfied that plaintiff has shown the
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defendant is evading service. Accordingly,
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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.
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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE
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