The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders of CWABS, Inc., Asset Backed Certificates, Series 2005-BC2 v. Washington & Sandhill Homeowners Association et al

Filing 25

ORDER that 22 Motion for Service by Publication and Enlarging Time for Service of Process is GRANTED. Plaintiff shall have until December 30, 2017 to effectuate service on Defendant CSC Acquisition & Holding Group LLC. Signed by Magistrate Judge George Foley, Jr on 10/30/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THE BANK OF NEW YORK MELLON,

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Plaintiff,
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vs.
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WASHINGTON & SANDHILL HOMEOWNERS )
ASSOCIATION, et al.,
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Defendants.
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__________________________________________)

Case No. 2:17-cv-02006-RFB-GWF

ORDER

This matter is before the Court on Plaintiff’s Motion for Service by Publication and
Enlarging Time for Service of Process (ECF No. 22), filed on October 25, 2017.
Pursuant to Fed. R. Civ. P. 4(e), the state statutes in which the District Court is held are

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followed in matters pertaining to service of summons by publication. N.R.C.P. 4(e)(1)(i) states that

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the court may permit service by publication if, after due diligence shown, the plaintiff is unable to

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find the defendant(s) within the state, or they are avoiding the service of summons. The plaintiff

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must prove this to the satisfaction of the court either by affidavit or by a verified complaint. The

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Nevada Supreme Court has held that there is no objective, formulaic standard for determining what

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is, or is not, due diligence. Abreu v. Gilmer, 985 P.2d 746, 749 (1999). Pursuant to Fed. R. Civ. P.

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6(b) and LR 26-4, extensions of time may be granted for good cause shown.

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Plaintiff requests permission to serve Defendant CSC Acquisition & Holding Group LLC by

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publication. Plaintiff represents that it demonstrated due diligence by making several attempts to

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serve Defendant. The Court, therefore, finds that Plaintiff has provided sufficient good cause to

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warrant service by publication and will grant Plaintiff until December 30, 2017 to effectuate

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service. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion for Service by Publication and

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Enlarging Time for Service of Process (ECF No. 22) is granted. Plaintiff shall have until

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December 30, 2017 to effectuate service on Defendant CSC Acquisition & Holding Group LLC.

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Defendant may be served through publication of the summons and Complaint in this case at least

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once a week for four (4) consecutive weeks in a newspaper of general circulation.

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DATED this 30th day of October, 2017.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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