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Marquis& Aurbach
AVECE M. HIGBEE, ESQ.
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Nevada Bar No.3739
BRIAN R. HARDY, ESQ.
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Nevada Bar No.10068
1000 1Park RunDrive
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Las Vegas, Nevada 89145
(702) 382-0711
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(702)382-5816 Facsimile
ahigbee@marquisaurbach.com
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bhardy@marquisaurbach.com
Attorneys for Plaintiffs
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Electronically Filed
07/28/2010
02:40:46 PM
CLERK OF THE COURT
DISTRICT COURT
CLARK COUNTY, NEVADA
Plaintiff,
Case No.:
Dept. No.
A-IO-615937-B
X III
GLOBALVERGE, INC., aNevada Corporation
and ALL WIRELESS SERVICE,INC., a Florida
Corporation,
vs.
CHRISTOPHER GRECO,an individual; MAKE
AMERICA SHINE PRODUCTS, LLC dba
PANTHER MOBILE; UNLIMITED WIZARD
CELLULAR, INC. dba ACTIVATION KING
WIRELESS, a South Carolina Corporation; and
Roe CorporationsI throughX, and Does I
through X, inclusive
Defendants.
APPLICATION FOR ORDER DIRECTING SERVICE BY PUBLICATION AND
ENLARGING THE TIME FOR SERVICE
Pursuant to NRCP 4(e)(I), Plaintiffs,Globalverge, Inc. ("Global Verge") and All Wireless Service,Inc. ("AllWireless"), by and through their counsel of record, the lawfinn of Marquis& Aurbach, submits the following Application for Order Directing Serviceby Publication and Enlarging Time for Service. This Application is supportedby NRCP 4, the
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ByC::> F:d
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papers and pleadings on file herein, the following Points and Authorities and the attached
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exhibits.
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Dated thisWaay of July, 2010.
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MARQUIS& AURBACH
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Byr
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(_Ay
M. Rige, Esq.
Nevada Bar No. 3739
Brian R. Hardy, Esq.
Nevada Bar No. 10068
10001 Park Run Drive
Las Vegas, Nevada 89145
Attorneys for Plaintiffs
NOTICE OF MOTION
You and each of you, will please take notice that the APPLICATION FORORDER DIRECTING SERVICEBY PUBLICATIONAND ENLARGING TIME FOR SERVICEwill come on regularly for hearing on the2 nd day of
Sept
2010 at the hour of9 : 0 0
,
,
am
or as soon thereafter as counsel may be heard, in Department 13 in the above-referenced
court.
Dated this2etPa.y of July, 2010.
MARQUIS & AURBACH
Avece M.Higbee, Esq.
Nevada Bar No. 3739
Brian R. Hardy, Esq.
Nevada Bar No. 10068
10001 Park Run Drive
Las Vegas, Nevada 89145
Attorneys for Plaintiffs
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I.
MEMORANDUM OF POINTS AND AUTHORITIES
STATEMENTOF THE FACTS.
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On May 5, 2010, Plaintiffs filed their Complaint and a Summons was issued for service
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on Defendant Christopher Greco ("Greco"). An Amended Complaint was filed on May 12,
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2010. Since the filing of the Complaint, Plaintiff s counsel has been attempting to effectuate
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service on Greco without success.
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In trying to locate Greco there have been attempts at multiple locations with no success.
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See Affidavits of Due Diligence, attached hereto as Exhibits 1-2. Clearly, Plaintiffs have
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exercised due diligence to locate the Greco and has found no information that would lead to his
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whereabouts. Therefore, Plaintiffs have submitted this Application for Order for Service by
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Publication and Enlarging Time for Service.
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II.
LEGAL ARGUMENT.
NRCP 4 allows for service by publication and for an enlargement of time to effectuate
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service.
Pursuant to 4(e)(1)(ii), this Court has the authority to enter an Order allowing the Plaintiffs to serve Greco via publication. Also, pursuant to NRCP 4(i), this Court has the authority to enlarge the time to effectuate service. As demonstrated below, the Plaintiffs have satisfied the requirements of NRCP 4, and thus the Court should enter an Order allowing an enlargement of time for service of Greco by publication.
A.
PURSUANT TO NRCP 4(E)(1)(II), SERVICE BY PUBLICATION IS
PROPER.
This Court should Order service by publication upon Greco. N.R.C.P. 4(e)(I)(ii) permits
service by publication in
... any action which relates to, or the subject of which is, real or personal property in this state in which such person defendant or corporation defendant has or claims a lien or interest, actual or contingent, therein, or in which the relief demanded consists wholly or in part of excluding such person or corporation from any interest therein, and the said defendant 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, the judge or justice may make an order that the service be made by the publication of summons; said service by publication shall be made in the same manner as now provided in all cases of service by publication.
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