Armendariz et al v. Gonzalez et al

Filing 11

ORDER Granting #10 Motion for Service by Publication. The first publication must occur no later than 3/18/2025. IT IS FURTHER ORDERED that the Court, sua sponte extends the date by which service must be accomplished to 4/15/2025. See Order for Details. Signed by Magistrate Judge Elayna J. Youchah on 3/3/2025. (Copies have been distributed pursuant to the NEF - JQC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ROLANDO GUTIERREZ
ARMENDARIZ, an individual; ANA
DANIELA AMEZQUITA AVILES, an
individual; RICARDO GUTIERREZ
ARMENDARIZ, an individual,

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Plaintiffs,

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Case No. 2:25-cv-00118-GMN-EJY
ORDER

v.
VICTOR M. CEPEDA GONZALEZ, an
individual; J. ROMERO MIRABLE, an
individual; DOES I through X; and ROE
ENTITIES I through X,
Defendants.
Pending before the Court is Plaintiffs’ Motion to Allow for Alternative Service on Defendant
J. Romero Mirabal (“Mirabal”). ECF No. 10.

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Rule 4 of the Federal Rules of Civil Procedure establishes the methods for service of civil

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complaints filed in federal court. Federal Rule 4(e)(1) allows for service following the laws of the

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state in which the federal court is located. Nevada Rule of Civil Procedure 4.4 allows for alternative

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service methods upon a motion of a party (i) demonstrating due diligence to locate the defendant,

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(ii) proposing alternative service methodology, and (iii) explaining why the proposed alternative

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service meets the requirements of due process. When considering a request to serve a defendant by

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alternative means the Nevada Supreme Court asks the underlying courts to take into consideration

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attempts made by a plaintiff to serve a defendant at his known residence, and other methods of

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locating a defendant, such as consulting public directories. Price v. Dunn, 787 P.2d 785, 786-87

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(Nev. 1990), rev. on other grounds, NC-DSH, Inc. v. Garner, 218 P.3d 853 (Nev. 2009) (and noting

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that Price otherwise remains good law); Abreu v. Gilmer, 985 P.2d 746, 747 (Nev. 1999); McNair

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v. Rivera, 874 P.2d 1240, 1241 (Nev. 1994). However, plaintiffs are not required to attempt every

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permissible means of service of process before requesting an alternative method of service. Neumont

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Univ., LLC v. Nickles, 304 F.R.D. 594, 600 (D. Nev. 2015).
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The alternative methods of service must comport with due process. Rio Props., Inc. v. Rio

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Int’l Interlink, 284 F.3d 1007, 1016. Due process requires that a defendant in a civil action be given

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notice of the action that is reasonably calculated to apprise the defendant of the pendency of the

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action and afford the defendant an opportunity to present his or her objection. Mullane v. Cent.

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Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950).

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A motion seeking an order allowing alternative service by publication must provide

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affidavits, declarations or other evidence demonstrating: (1) the due diligence that was undertaken

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to locate and serve the defendant; (2) the efforts made to locate and serve the defendant; (3) the

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defendant’s known, or last known contact information; (4) the last known address, the dates during

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which the defendant resided at the location, and confirmation the plaintiff is unaware of any other

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address at which the defendant has resided since that time, or at which the defendant can be found.

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Nev. R. Civ. P. 4.4(b)(2), 4.4(c)(2); see also Eko Brands, LLC v. Houseware Sols., LLC, Case No.

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2:20-cv-2076-RCJ-BNW, 2021 WL 4149016, at *2 (D. Nev. Aug. 20, 2021); Gomez v. State Dep’t

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of Bus. & Indus. Rels., Case No. 2:21-cv-01184-GMN-VCF, 2021 U.S. Dist. LEXIS 201074, at *2

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(D. Nev. Oct. 19, 2021). Such request must state why service by publication comports with due

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process and, if service by publication is contemplated, include the proposed language of the

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summons to be used in the publication, briefly summarizing the claims asserted and the relief sought;

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and suggest one or more newspapers or other periodicals in which the summons should be published

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that are reasonably calculated to give the defendant actual notice of the proceedings. Nev. R. Civ.

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P. 4.4(c)(4)(A). The publication should “be reasonably calculated to give the defendant actual notice

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of the proceedings.” Id. The service must be published at least once a week for a period of four

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weeks. Id.

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Plaintiffs demonstrate they have acted with due diligence to locate and serve Mirabal.

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Plaintiffs provide Mirabal’s last known contact information, including his address and all other

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information available. Plaintiff provides that publications will occur in Nevada and Indiana, and

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provide the content of such publication. In sum, Plaintiffs demonstrate that alternative service is

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necessary and reasonably calculated to provide Mirabal notice of the action and an opportunity to

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respond to the Complaint.
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Accordingly, IT IS HEREBY ORDERED that Plaintiffs’ Motion to Allow for Alternative
Service on Defendant J. Romero Mirabal (ECF No. 10) is GRANTED
IT IS FURTHER ORDERED that:

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Plaintiffs may serve J. Romero Mirabal by publication.

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Publication must occur on four consecutive weeks.

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The first publication must occur no later than March 18, 2025.

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IT IS FURTHER ORDERED that although Plaintiffs may have already done so, they must

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place a copy of the Summons and Complaint in the U.S. Mail, Certified, Return Receipt Requested,

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to Defendant Mirabal’s last known address.

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IT IS FURTHER ORDERED that if Plaintiffs have or discover an email address or social

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media account for Plaintiff during the service by publication period, Plaintiffs must also send

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Defendant Mirabal a copy of the Summons and Complaint to the email and social media accounts.

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IT IS FURTHER ORDERED that upon completion of the publications, service will be

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considered effected.
IT IS FURTHER ORDERED that the Court, sua sponte extends the date by which service

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must be accomplished to April 15, 2025.

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Dated this 3rd day of March, 2025.

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ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

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