KPI Bridge Oil, Inc. v. Wilmington Trust Company, et al

Filing 20

ORDER granting ECF No. 5 Motion to Appoint a Special Process Server Pursuant to Rule 4(C). Signed by Judge Miranda M. Du on 1/12/2017. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:17-cv-00007-MMD-VPC Document 5 Filed 12/13/16 Page 1 of 3

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Michael R. Mushkin (Nevada State Bar #: 2421)
Michael R. Mushkin & Associates, P.C.
4475 South Pecos Road
Las Vegas, NV 89121
PH: [phone]
FX: [phone]
Email: [e-mail]

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Attorney for Plaintiff
KPI Bridge Oil, Inc.

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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KPI BRIDGE OIL, INC.,

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CASE NO.: 3:17-cv-007-MMD-VPC

Plaintiff,

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IN ADMIRALTY

v.
WILMINGTON TRUST COMPANY; TERAS
CARGO TRANSPORT (AMERICA) LLC;
TERAS BREAKBULK OCEAN NAVIGATION
ENTERPRISES LLC; TRUENORTH
TRANSPORT LLC,

MOTION FOR AN ORDER
APPOINT A SPECIAL PROCESS
SERVER PURSUANT TO RULE
4(C) AND SCOPE OF SERVICE

Defendants.

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COMES NOW Plaintiff, KPI BRIDGE OIL, INC., by and through undersigned

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counsel, and respectfully moves this Honorable Court for an Order Appointing a Special

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Process Server Pursuant to Rule 4 (C) of the Federal Rules of Civil Procedure. Plaintiff desires

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that Process of Maritime Attachment and Garnishment be served on the garnishee(s) with all

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deliberate speed so that it will be fully protected against the possibility of the Defendant not

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satisfying the claim Plaintiff has against it. Counsel for Plaintiffs of the law firm Michael R.

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Mushkin & Associates, P.C. and/or their designated agent, all of whom are over 18 years of

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age and not party to this action, will act as Special Process Server to effect service of Process

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of Maritime Attachment and Garnishment on the named garnishee(s).

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Chalos & Co Ref: 2422.005

Case 3:17-cv-00007-MMD-VPC Document 5 Filed 12/13/16 Page 2 of 3

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To the extent that the Application for an Order Appointing a Special Process Server

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with respect to this attachment and garnishment does not involve a restraint of physical

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property, there is no need to require that the service be effected by a U.S. Marshal as it simply

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involves the delivery of process to the garnishee(s) who are believed to be in possession of the

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Defendant’s tangible or intangible property.

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Plaintiff also requests that the Court grant it leave to serve any additional garnishee(s)

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who may be discovered during the course of this litigation to be holding property of the

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Defendant within this District. By obtaining leave at this time to serve those other possible

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garnishees, it will facilitate prompt serve of the process without the need to return to the Court

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for permission to amend the process simply to name other garnishees. To avoid the need to

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repeatedly serve the garnishee(s), Plaintiff respectfully seeks leave, as embodied in the

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accompanying proposed orders, for any process served on a garnishee to be deemed effective

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and continuous throughout any given day.

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WHEREFORE, Plaintiff respectfully requests this Honorable Court grant the instant

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motion, and appoint that the associates or paralegals or agents with the firm of Michael R.

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Mushkin & Associates, P.C., who are over the age of 18 and not parties to this action, as a

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special process server and such other and further relief as the Court may deem appropriate in

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the circumstances.

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Respectfully submitted,
Dated: December 12, 2016
Las Vegas, NV

Michael R. Mushkin & Associates, P.C.
By:

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/s/ Michael R. Mushkin
Nevada State Bar number: 2421
4475 South Pecos Road
Las Vegas, NV 89121
PH: [phone]
FX: [phone]
Email: [e-mail]
Attorney for Plaintiff
KPI Bridge Oil, Inc.

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Chalos & Co Ref: 2422.005

Case 3:17-cv-00007-MMD-VPC Document 5 Filed 12/13/16 Page 3 of 3

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OF COUNSEL
Briton P. Sparkman
(Pro hac vice application forthcoming)
CHALOS & CO, P.C.
7210 Tickner Street
Houston, TX 77055
PH: [phone]
FX: [phone]
Attorneys for Plaintiff
KPI Bridge Oil, Inc.

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IT IS SO ORDERED

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UNITED STATES DISTRICT JUDGE

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January 12, 2017
DATED: _________________

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Chalos & Co Ref: 2422.005