Williams v. Schulte

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 * * * 4 PAULA WILLIAMS, Case No. 2:25-cv-00667-RFB-EJY 5 Plaintiff, ORDER 6 v. 7 BRENDA SCHULTE, an individual; DOES I through X, inclusive; and ROE BUSINESS 8 ENTITIES I through X, inclusive, 9 Defendants. — 10 — 11 Before the Court is Plaintiff’s Motion to Extend Time to Serve Summons and Complaint 12 ECF No. 11. The Court grants Plaintiff’s Motion. Plaintiff’s Motion, together with the exhibits 13 thereto, demonstrate that Plaintiff made substantial attempts to locate and serve Defendant who, it 14 appears, first avoided service and now cannot be located. 15 Rule 4 of the Federal Rules of Civil Procedure establishes the methods for service of civil 16 complaints filed in federal court. Federal Rule 4(e)(1) allows for service following the laws of the 17 state in which the federal court is located. Nevada Rule of Civil Procedure 4.4 allows for alternative 18 service methods upon a motion of a party (i) demonstrating due diligence to locate the defendant, 19 (ii) proposing alternative service methodology, and (iii) explaining why the proposed alternative 20 service meets the requirements of due process. When considering a request to serve a defendant by 21 alternative means the Nevada Supreme Court asks the underlying courts to take into consideration 22 attempts made by a plaintiff to serve a defendant at his known residence, and other methods of 23 locating a defendant, such as consulting public directories. Price v. Dunn, 787 P.2d 785 , 786-87 24 (Nev. 1990), rev. on other grounds, NC-DSH, Inc. v. Garner, 218 P.3d 853 (Nev. 2009) (and noting 25 that Price otherwise remains good law); Abreu v. Gilmer, 985 P.2d 746, 747 (Nev. 1999); McNair 26 v. Rivera, 874 P.2d 1240, 1241 (Nev. 1994). However, plaintiffs are not required to attempt every 27 permissible means of service of process before requesting an alternative method of service. Neumont 1 The alternative methods of service must comport with due process. Rio Props., Inc. v. Rio 2 Int’l Interlink, 284 F.3d 1007, 1016 . Due process requires that a defendant in a civil action be given 3 notice of the action that is reasonably calculated to apprise the defendant of the pendency of the 4 action and afford the defendant an opportunity to present his or her objection. Mullane v. Cent. 5 Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). 6 A motion seeking an order allowing alternative service by publication must provide 7 affidavits, declarations or other evidence demonstrating: (1) the due diligence that was undertaken 8 to locate and serve the defendant; (2) the efforts made to locate and serve the defendant; (3) the 9 defendant’s known, or last known contact information; (4) the last known address, the dates during 10 which the defendant resided at the location, and confirmation the plaintiff is unaware of any other 11 address at which the defendant has resided since that time, or at which the defendant can be found. 12 Nev. R. Civ. P. 4.4(b)(2), 4.4(c)(2); see also Eko Brands, LLC v. Houseware Sols., LLC, Case No. 13 2:20-cv-2076-RCJ-BNW, 2021 WL 4149016 , at *2 (D. Nev. Aug. 20, 2021); Gomez v. State Dep’t 14 of Bus. & Indus. Rels., Case No. 2:21-cv-01184-GMN-VCF, 2021 U.S. Dist. LEXIS 201074 , at *2 15 (D. Nev. Oct. 19, 2021). Such request must state why service by publication comports with due 16 process and, if service by publication is contemplated, include the proposed language of the 17 summons to be used in the publication, briefly summarizing the claims asserted and the relief sought; 18 and suggest one or more newspapers or other periodicals in which the summons should be published 19 that are reasonably calculated to give the defendant actual notice of the proceedings. Nev. R. Civ. 20 P. 4 .4(c)(4)(A). The publication should “be reasonably calculated to give the defendant actual notice 21 of the proceedings.” Id. The service must be published at least once a week for a period of four 22 weeks. Id. 23 Plaintiff establishes, through declarations and exhibits that substantial efforts have been 24 made to locate and serve Defendant. Plaintiff’s Motion provides all the information required by 25 Nevada’s Rule of Civil Procedure, including the language to be placed in publication and the 26 publication through which notice is to be provided. The Court finds Plaintiff’s Motion ensures 27 publication is reasonably calculated to give Defendant actual notice of these proceedings. 1 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motion to Extend Time to Serve 2 Summons and Complaint (ECF No. 11) is GRANTED. 3 IT IS FURTHER ORDERED that the time within which to serve Plaintiff is extended to 4 November 18, 2025. 5 IT IS FURTHER ORDERED that Plaintiff may serve Defendant by publication, by placing 6 the following caption and summons in the Oregonian: 7 To: Brenda Schulte, 9370 NE Gloucester Way, Hillsboro, OR 97124 8 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) – you must serve 9 on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be 10 served on the plaintiff or plaintiff’s attorney whose name and address are: SAGAR RAICH, ESQ., BRIAN SCHNEIDER, ESQ. RAICH LAW PLLC 11 2280 E, Pama Lane, Las Vegas, NV 89119. If you fail to respond, judgment by default will be entered against you for the relief demanded in the 12 complaint. You also must file your answer or motion with the court. Allegations asserted in the Complaint: Assault against a flight attendant and 13 Battery against a flight attendant. The relief sought: A sum as and for past and future medical expenses and wage loss; general damages for pain, 14 suffering, mental distress, anguish and fear, for prejudgment and postjudgment interest, for reasonable attorney’s fees plus costs of suit and for 15 such other and further relief as the court may deem just and proper. 16 Plaintiff must consider and place the above caption and summons in any other publication reasonably 17 calculated to give Defendant actual notice of the instant proceeding. The publication must occur in 18 each identified periodical once a week for a period of four weeks after which service of process is 19 deemed effected. 20 IT IS FURTHER ORDERED that under Nev. R. Civ. P. 4.4(d) Plaintiff must mail a copy of 21 the Summons, Complaint, and Court Order to Defendant’s last known address via first class U.S. 22 mail and by certified mail to: 23 Brenda Schulte 9370 NE Gloucester Way 24 Hillsboro OR 97124 25 IT IS FURTHER ORDERED that because the Court finds Plaintiff has communicated with 26 Defendant by text, must send Defendant the Summons, Complaint, and this Order to Plaintiff via 27 text. 1 IT IS FURTHER ORDERED that: 2 1. Service by publication must commence such that it is completed no later than 90 days 3 after the date of this Order; and, 4 2. Service by text must be made no later than 30 days after the date of this Order. 5 3. Service by mail must be made by first class and certified U.S. Mail no later than 30 6 days after the date of this Order. 7 IT IS FURTHER ORDERED that Plaintiff must file a notice of compliance no later than 8 seven (7) days after (1) Plaintiff texts Defendant, (2) the Summons, Complaint, and a copy of this 9 Order are placed in first class and certified U.S. Mail, and (3) the fourth and final service of process 10 by publication is completed. 11 Dated this 12th day of September, 2025. — 12 — — 13 — ELAYNA J. YOUCHAH 14 UNITED STATES MAGISTRATE JUDGE — 15 — — 16 — — 17 — — 18 — — 19 — — 20 — — 21 — — 22 — — 23 — — 24 — — 25 — — 26 — — 27 —