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AVECE M. HIGBEE, ESQ.
Nevada Bar No.3739
2
BRIAN R. HARDY, ESQ.
Nevada Bar No. 10068
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10001 Park Run Drive
Las Vegas, Nevada 89145
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(702) 382-0711
(702) 382-5816 Facsimile
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ahigbee@marquisaurbach.com
bhardy@marquisaurbach.com
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Attorneys for Plaintiffs
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E lec tr onic ally Filed
07/28/2010
02: 42: 50 PM
CLE RK OF THE COURT
DISTRICT COURT
CLARK COUNTY, NEVADA
Plaintiff,
CaseNo.:
Dept. No.
A-IO-618236-C
XVII
TED ROBBINS, individually and in his capacity
as President of GLOBAL VERGE, INC., a
Nevada Corporation,
vs.
CHRISTOPHER GRECO, an individual; and
DoesI throughX, inclusive
Defendants.
APPLICATION
FOR ORDER DIRECTING SERVICE BY PUBLICATION
AND
ENLARGING THE TIME FOR SERVICE
Pursuant to NRCP 4(e)( 1), Plaintiff, Ted Robbins ("Robbins"), individually and in his
capacity as President of Globalverge,Inc. ("Global Verge"), by and through his counsel of
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record, the law firm of Marquis& Aurbach, submits the following Application for Order
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Directing Service by Publication and Enlarging Time for Service. This Application is supported
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/ / /
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III
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Page1 of7
M&A: 11429-004 I087889~l.DOC7/28/2010 I:05 PM
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by NRCP 4, thepapers and pleadings on file herein, the following Points and Authorities and the
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attached exhibits.
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Dated this.z .'" day of July, 2010.
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MARQUIS& AURBACH
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286
ece M. Higbee, Esq.
Nevada Bar No. 3739
Brian R. Hardy, Esq.
Nevada Bar No.1 0068
10001 Park Run Drive
Las Vegas, Nevada 89145
Attorneys for Plaintiff
NOTICE OF MOTION
You and each of you, will please take notice that the APPLICATION FOR ORDER DIRECTING SERVICE BY PUBLICATION AND ENLARGING TIME FOR SERVICE will come on regularly for hearing on the1st day of
Sept
CHAMBE
S
,2010, at the hour of
_
___
or as soon thereafter as counsel may be heard, in Department 17 in the above-referenced
court.
1I'L
Dated this ~1day of July, 2010.
MARQUIS& AURBACH
By:'1:': ==: : ~~~.--: ; : : ;---------
vece M. Higbee, Esq.
Nevada Bar NO.3 739
Brian R. Hardy, Esq.
Nevada BarNo. 10068
10001 Park Run Drive
Las Vegas, Nevada 89145
Attorneys for Plaintiff
Page 2 of7
M&A:1l429~004 1087889i.noc7/28/20101:05
PM
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I.
MEMORANDUM OF POINTS AND AUTHORITIES
STATEMENT OF THE FACTS.
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On June 7, 2010, Plaintiff filed his Complaint and a Summons was issued for service on
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Defendant Christopher Greco ("Greco"). Since the filing of the Complaint, Plaintiffs counsel
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has been attempting to effectuate 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, Plaintiff has
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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, Plaintiff has 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 service. . Pursuant to 4(e)(1)(ii), this Court has the authority to enter an Order allowing the Plaintiff 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 Plaintiff has 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 TONRCP 4(E)(1)(II), SERVICE BY PUBLICATION IS
PROPER.
This Court should Order service by publication upon Greco. N .R.C.P. 4(e)(1)(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.
In this case, the attached Affidavits of Due Diligence support Plaintiffs Application for
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service by publication.
Plaintiff has exercised due diligence in attempting to locate Greco
Page 3 of7
M&A: l1429-0041087889
I.DOC7/28/2010 L05 PM
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