Universal North America Insurance Company v. Schwalb et al

Filing 7

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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    1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 8 9 10 11 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. 12 Before the court is Plaintiff’s Application for an Order for Service by Publication (ECF 13 No. 5). The affidavit of due diligence indicates the process server attempted service at defendant 14 Victor Drais’ residence in a guard gated community on 6/10/17, 6/13/17, 6/15/17, and 6/18/17. 15 However, the affidavit also states that there were no cars parked in the driveway, no lights, and no 16 signs of activity. Under these circumstances, the court is not satisfied that plaintiff has shown the 17 defendant is evading service. Accordingly, 18 19 20 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. 21 22 PEGGY A. LEEN UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 1

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