United States District Court, D. Nevada
MATTHEW CIRRINICIONE, a minor, by and through THOMAS CIRRINICIONE his natural parent and guardian, Plaintiff,
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.
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)]
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
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.]
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).)
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.
OF APRIL R. BRADSHAW IN SUPPORT OF APPLICATION FOR ORDER FOR
SERVICE BY PUBLICATION ON GLOBAL PACIFIC CONSTRUCTION.
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