United States District Court, D. Nevada
ETERNAL CHARITY FOUNDATION, a Nevada Non-Profit Corporation; THE KALGIDHAR TRUST, a Nevada Trust. Plaintiffs,
BBC BROADCASTING INC., a Washington Corporation and Licensee of Station KRPI AM 1550 KHZ, Ferndale Washington; KRPI AM1550 KHZ-SHER-E-PUNJAB RADIO BROADCASTING INC., a Corporation in Richmond, British Columbia; BHAG SINGH KHELA, an individual; KULDIP SINGH; an individual JAGREET SINGH GILL, an individual, AMARJIT SINGH DUGGAL, an individual. Defendants.
Patricia Lee Maria E. Quiroga HUTCHISON & STEFFEN, LLC
Attorneys for Plaintiffs
ORDER TO ENLARGE TIME AND TO SERVE SUMMONS AND
COMPLAINT TO DEFENDANT AMARJIT SINGH DUGGAL BY
HOFFMAN, JR. UNITED STATES MAGISTRATE JUDGE
HEREBY ORDERED, JUDGED AND DECREED that an Order for
extending the time for service of process upon defendant
Amarjit Singh Duggal by publication is hereby GRANTED, for
the reasons set forth below.
Rule of Civil Procedure 4(e)(1) provides for service
“pursuant to the law of the state in which the district
court is located, or in which service is effected.”
Under Nevada Rule of Civil Procedure (“NRCP”) 4,
parties are required to personally serve summons and the
complaint upon defendants. When personal service is
impossible, however, NRCP 4(e)(1)(i) provides that a party
may file a motion for service by publication when the
opposing party “resides out of 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.” When service of the summons is
made by publication, the summons shall, in addition to any
special statutory requirement, also by concealment seeks to
avoid the service of summons.” When service is made by
publication, the summons shall, in addition to any special
statutory requirements, also contain a brief statement of the
object of the action. NRCP 4(b).
moving for service by publication must seek leave of court by
filing an affidavit demonstrating he diligently attempted to
serve the defendant. There are several factors courts
consider to evaluate a party's due diligence, including
the number of attempts made to serve the defendant at his
residence and other methods of locating defendants, such as
consulting public directories and family members. See
Price v. Dunn, 787 P.2d 785, 787 (Nev. 1990); Abreu
v. Gilmer, 985 P.2d 746, 747 (Nev. 1999); McNair v.
Rivera, 874 P.2d 1240, 1241 (Nev. 1994).
Courts have broad discretion to extend time for service under
Rule 4(m). Efaw v. Williams, 473 F.3d 1038, 1041
(9th Cir. 2003). The -day time period for
service contained in Rule 4(m) “operates not as an
outer limit subject to reduction, but as an irreducible
personal service to defendant Mr. Duggal has been impossible
despite plaintiffs' diligent efforts. Service has been
attempted on multiple dates, (11/14, 12/4, 12/5, 12/6),
multiple locations (three different addresses) and in
conjunction with a through effort to identify the proper
individual and locale for service. After plaintiff's
first request to extend time to enlarge service, further due
diligence was conducted by private investigator, Bert Lott.
Mr. Lott's investigation included databases and other
investigate sources such as credit histories, motor vehicle
records, utilities, public records, phone records, property
records, court records, recorded documents, and other forms
of recorded information. Mr. Duggal's exact whereabouts
remain to be unknown. Nevertheless, upon information and
belief, Mr. Duggal is aware this action has been initiated
against him and may be intentionally evading service.
Defendant Jagreet Singh Gill who has been served and has
answered the complaint is a close friend to Mr. Duggal who
may have informed Mr. Duggal that this lawsuit is pending.
Plaintiffs also have an email address for Mr. Duggal that
upon information and belief is a valid email address.
Plaintiffs will send Defendant Duggal a copy of the
publication via email. Multiple addresses were found, the
viable address had already been attempted. Accordingly, the
Court GRANTS plaintiffs' motion.
FURTHER ORDERED, JUDGED AND DECREED that an Order extending
the time for service in this matter for an additional (90)
days from Notice of entry of this Order is hereby granted.
FURTHER ORDERED, JUDGED AND DECREED that Court GRANTS the
motion for service by publication. Plaintiffs should comply
with the requirements of Nevada Rule Civil Procedure 4 and
(a) Serve Defendant Amarjit Singh Duggal by publication in a
newspaper of general circulation in the State of Nevada on a
weekly basis for a period of four weeks.
(b) After publication is complete, Plaintiffs shall file an
Affidavit of Publication from ...