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Cirrinicione v. TSLV, LLC

United States District Court, D. Nevada

January 11, 2017

MATTHEW CIRRINICIONE, a minor, by and through THOMAS CIRRINICIONE his natural parent and guardian, Plaintiff,
v.
TSLV, LLC, a Foreign Limited-Liability Company, dba TOWN SQUARE LAS VEGAS; BARBARA BUTLER ARTIST-BUILDER, INC., a California corporation; GLOBAL PACIFIC CONSTRUCTION, INC., a Nevada corporation; DOES 1 through 10; and ROE BUSINESS ENTITIES 1 through 10, inclusive, Defendants. TSLV LLC, a Foreign Limited-Liability Company, dba TOWN SQUARE LAS VEGAS, Third-Party Plaintiff.
v.
BARBARA BUTLER ARTIST BUILDER, INC., a California Corporation GLOBAL PACIFIC CONSTRUCTION, INC., a Nevada corporation, DOE INDIVIDUALS I-X and ROE BUSINESS ENTITIES I-X, inclusive Third-Party Defendants.

          LORBER, GREENFIELD & POLITO, LLP By: Bruce W. Lorber, Sean D. Allen, Esq. April R. Bradshaw, Esq. Attorneys for Defendant TSLV, LLC dba TOWN SQUARE LAS VEGAS

          APPLICATION FOR ORDER FOR SERVICE BY PUBLICATION ON GLOBAL PACIFIC CONSTRUCTION, INC. AND AFFIDAVIT OF APRIL R. BRADSHAW IN SUPPORT THEREOF [F.R.C.P. 4(E)(1), F.R.C.P. 4(H)(1)(A) AND N.R.C.P. 4(E)(1)(I)]

         Pursuant to Rule 4(e)(1) of the Federal Rules of Civil Procedure and and Rule 4(e)(1)(i) of the Nevada Rules of Civil Procedure, Defendant and Third Party Plaintiff TSLV, LLC dba TOWN SQUARE LAS VEGAS respectfully requests that this court issue an order permitting service by publication on GLOBAL PACIFIC CONSTRUCTION, INC.

         MEMORANDUM OF LAW

         Rule 4(h)(1)(a) of the Federal Rules of Civil Procedure provides that a corporation may be served by following the procedure prescribed for service on an individual as set forth in F.R.C.P. 4(e)(1), which states, in pertinent part:

Unless federal law provides otherwise, an individual-other than a minor, an incompetent person, or a person whose waiver has been filed-may be served in a judicial district of the United States by:
(1) following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made.. . .

(Fed. Rules Civ. Proc. 4(e)(1).) [Emphasis added.]

         Nevada Rule of Civil Procedure 4(e)(1)(i), which deals with service by publication states, in pertinent part:

In addition to methods of personal service, when the person on whom service is to be made resides out of the state, or has departed from the state, or cannot, after due diligence, be found within the state, or by concealment seeks to avoid the service of summons, and the fact shall appear, by affidavit, to the satisfaction of the court or judge I thereof, and it shall appear, either by affidavit or by a verified complaint on file, that a cause of action exists against the defendant in respect to whom the service is to be made, > and that the defendant is a necessary or proper party to the action, such court or judge may grant an order that the service be made by the publication of summons.

(Nev. Rules Civ. Proc. 4(e)(1)(i).)

         As set forth in the Affidavit of April R. Bradshaw and the Exhibits filed concurrently herewith, TSLV, LLC dba TOWN SQUARE LAS VEGAS submits that service by publication is necessary and appropriate and therefore requests that this court issue an Order authorizing such service by publication on GLOBAL PACIFIC CONSTRUCTION, INC.

         AFFIDAVIT OF APRIL R. BRADSHAW IN SUPPORT OF APPLICATION FOR ORDER FOR SERVICE BY PUBLICATION ON GLOBAL PACIFIC CONSTRUCTION. INC.

         I, April R. Bradshaw, being duty sworn, deposes and says:

         1. I am an attorney at law licensed to practice law in the State of Nevada and the United States District Court, District of Nevada. I am an associate in the law firm of Lorber, Greenfield & Polito, LLP, attorneys for Defendant and Third-Party Plaintiff TSLV, LLC dba TOWN SQUARE LAS VEGAS (hereinafter "TSLV, LLC") in the above captioned matter. I state the facts contained herein of my own personal ...


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