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BANK OF NEW YORK MELLON v. SFR INVESTMENTS POOL 1, LLC, 2:17-cv-00210-JCM-CWH. (2017)

Court: District Court, D. Nevada Number: infdco20170607d60 Visitors: 9
Filed: Jun. 06, 2017
Latest Update: Jun. 06, 2017
Summary: ORDER GRANTING MOTION TO SERVE MASHELLE RODERICK SMITH BY PUBLICATION and ORDER GRANTING MOTION TO ENLARGE TIME TO SERVE SUMMONS AND CROSS-CLAIM CARL W. HOFFMAN , Magistrate Judge . Upon reading the Affidavit of Due Diligence [ECF No. 36]; it appearing that an Answer, Counterclaim, and Cross-Claim has been filed; that a Summons directed to Cross-Defendant, RODERICK SMITH ("Smith") has been issued [ECF No. 25]; that Cross-Defendant, Smith is a necessary party; and that Cross-Defendant Smit
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ORDER GRANTING MOTION TO SERVE MASHELLE RODERICK SMITH BY PUBLICATION

and

ORDER GRANTING MOTION TO ENLARGE TIME TO SERVE SUMMONS AND CROSS-CLAIM

Upon reading the Affidavit of Due Diligence [ECF No. 36]; it appearing that an Answer, Counterclaim, and Cross-Claim has been filed; that a Summons directed to Cross-Defendant, RODERICK SMITH ("Smith") has been issued [ECF No. 25]; that Cross-Defendant, Smith is a necessary party; and that Cross-Defendant Smith cannot be found to be personally served in the State of Nevada, and good cause appearing therefore,

IT IS HEREBY ORDERED that since the Cross-Defendant, RODERICK SMITH, cannot now be found so as to be personally served, he may be served by publication of the Summons at least once a week for four (4) weeks in the Nevada Legal News, a newspaper of general circulation, pursuant to FRCP 4(e)(1) and NRCP 4(e)(1).

IT IS FURTHER ORDERED that a copy of the Summons and Answer, Counterclaim, and Cross-Claim shall be mailed forthwith to Cross-Defendant Smith, first class mail, postage prepaid, addressed to the Cross-Defendant's last known address.

IT IS FURTHER ORDERED that SFR's Motion to Enlarge Time to Serve is GRANTED and the time for service is extended by an additional 60 days from the date of this order is entered to allow SFR Investments Pool 1, LLC ("SFR") to effectuate service by publication.

Source:  Leagle

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