US Securities and Exchange Commission v. JoeCool.com, LLC

District Court, D. Nevada

US Securities and Exchange Commission v. JoeCool.com, LLC

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 UNITED STATES SECURITIES AND 7 EXCHANGE COMMISSION, Case No. 2:25-cv-00076-CDS-NJK

8 Plaintiff(s), Order

9 v. [Docket No. 17]

10 JOECOOL.COM, LLC, et al., 11 Defendant(s). 12 Pending before the Court is Plaintiff’s motion to extend the time for service, and to serve 13 Defendant Robert Tye Cournoyer by publication and other alternative means. Docket No. 17. 14 I. EXTENSION REQUEST 15 Where good cause is shown, the time for serving the complaint is extended for an 16 appropriate period. See Fed. R. Civ. P. 4(m). Plaintiff established sufficient cause to extend the 17 time for effectuating service to October 6, 2025. 18 II. SERVICE BY PUBLICATION OR OTHER ALTERNATIVE MEANS 19 Due process requires that a defendant in a civil action be given notice of the action that is 20 reasonably calculated to apprise the defendant of the pendency of the action and afford the 21 defendant an opportunity to present his or her objection. Mullane v. Cent. Hanover Bank & Trust 22 Co.,

339 U.S. 306, 314

(1950). Service by publication or other alternative means is permitted upon 23 a showing that service by traditional means is impracticable because the defendant cannot be 24 located through due diligence. See, e.g., Nev. R. Civ. P. 4.4(b)(1)-(2); Nev. R. Civ. P. 4.4(c). 25 Courts have considerable discretion in deciding whether alternative service should be permitted. 26 Rio Props., Inc. v. Rio Int’l Interlink,

284 F.3d 1007, 1016

(9th Cir. 2002). 27 The record has detailed numerous unsuccessful attempts to locate Defendant Cournoyer to 28 enable service on him. See, e.g., Docket Nos. 7-1, 7-2, 7-3. Plaintiff also presents evidence that 1} Defendant Cournoyer is purposefully evading service, including deposition testimony from his son. See, e.g., Docket No. 17-14 at 3. In addition, the motion presents the foundation to show that 3] the methods of alternative service are legally sound and are warranted by the circumstances. See 4! Docket No. 17. 5] TI. CONCLUSION 6 Accordingly, the Court GRANTS Plaintiffs motions to extend the time for service, and to 7|| serve Defendant Cournoyer by publication and other alternative means. The time for effectuating 8|| service is extended to October 6, 2025. Plaintiff is permitted to effectuate service on Defendant 9], Cournoyer by personally serving Kylie Cournoyer and by emailing the complaint and summons to 10] [email protected]. Plaintiff is also permitted to serve Defendant Cournoyer by 11] publication in the Dallas Morning News and Miami Herald on a weekly basis for a period of four 12|| weeks. 13 IT IS SO ORDERED. 14 Dated: August 4, 2025 15 Z aS a Nancy J. Koppe — 16 United Statés Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28

Reference

Status
Unknown