Board of Trustees of the Plumbers and Pipefitters Union Local 525 Health and Welfare Trust and Plan v. FCR A/C & Heating
Board of Trustees of the Plumbers and Pipefitters Union Local 525 Health and Welfare Trust and Plan v. FCR A/C & Heating
Trial Court Opinion
1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 BOARD OF TRUSTEES OF THE 6 PLUMBERS AND PIPEFITTERS LOCAL Case No. 2:25-cv-00756-JCM-NJK 525 HEALTH AND WELFARE TRUST 7 AND PLAN, et al., Order
8 Plaintiff(s), [Docket Nos. 11, 12] 9 v. 10 FCR A/C & HEATING, 11 Defendant(s). 12 Pending before the Court are Plaintiffs’ motions to extend the time to effectuate service 13 and to effectuate service through the Secretary of State. Docket Nos. 11, 12. 14 Courts have considerable discretion in deciding whether alternative service should be 15 permitted. Rio Props., Inc. v. Rio Int’l Interlink,
284 F.3d 1007, 1016(9th Cir. 2002). Service 16 through the Nevada Secretary of State may be permitted when service “cannot be made” pursuant 17 to the ordinary methods. Nev. R. Civ. P. 4.2(c)(3)(A); see also Fisher v. TheVegasPackage.com, 18 Inc.,
2019 WL 6828295, at *1 (D. Nev. Dec. 12, 2019) (indicating that this means of alternative 19 service is warranted “when personal service proves impossible”). Extensions of the service 20 deadline are obtained by showing good cause and such extensions may be provided even without 21 such a showing. Fed. R. Civ. P. 4(m). 22 Plaintiffs have attempted service several times, both at Defendant’s corporate location and 23 at the personal residence of Defendant’s president, secretary, treasurer, and director. See, e.g., 24 Docket No. 11-4. Plaintiffs have also attempted to facilitate service through Defendant’s audit 25 counsel, as well as to seek waiver of service through counsel, to no avail. See, e.g., Docket No. 26 11-2 at ¶¶ 4, 7; Docket No. 11-7 at ¶ 4-6. The circumstances shown justify both an extension of 27 the service deadline and service through the Secretary of State. 28 ] Accordingly, the Court GRANTS Plaintiffs’ motions to extend the time to effectuate service and to effectuate service through the Secretary of State. The deadline to effectuate service 3] is extended to September 4, 2025. Plaintiffs are permitted to effectuate service of process on Defendant by serving the Nevada Secretary of State. 5 IT IS SO ORDERED. 6 Dated: August 4, 2025 7 7 sae Nancy J. Koppe 8 United States Magistrate Judge 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
- Status
- Unknown