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2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Kylie Krakow, Case No. 2:25-cv-01020-JAD-DJA 6 Plaintiff, 7 Order v. 8 Joshua Bissell, 9 Defendant. 10 11 Before the Court is Plaintiff Kylie Krakow’s motion to enlarge time for service and to 12 serve Defendant Joshua Bissell via publication. Plaintiff moves on an emergency basis. Because 13 the Court finds that Plaintiff’s proposed alternative service methods are reasonably calculated to 14 provide Defendant with notice and an opportunity to respond, it grants the motion. The Court 15 will further require additional methods of alternative service. 16 I. Legal standard. 17 The Constitution does not require any particular means of service of process. Rio Props., 18 Inc. v. Rio Intern. Interlink,

(9th Cir. 2002) (citing Mullane v. Central 19 Hanover Bank & Trust Co.,

(1950)). It requires only that service “be 20 reasonably calculated to provide notice and an opportunity to respond.”

Service of process is 21 governed by Rule 4 of the Federal Rules of Civil Procedure. A federal court lacks jurisdiction 22 over a defendant unless the defendant has been properly served under Rule 4. Direct Mail 23 Specialists, Inc. v. Eclat Computerized Techs., Inc.,

(9th Cir. 1988) (citation 24 omitted). Rule 4, however, “is a flexible rule that should be liberally construed so long as a party 25 receives sufficient notice of the complaint.”

“[W]ithout substantial compliance with Rule 4,” 26 “neither actual notice nor simply naming the defendant in the complaint will provide personal 27 jurisdiction.”

1 Federal Rule of Civil Procedure 4(e)(1) provides that an individual within a judicial 2 district of the United States may be served by “following state law for serving a summons in an 3 action brought in courts of general jurisdiction in the state where the district court is located or 4 where service is made.” Under Nevada Rule of Civil Procedure 4.4(b)(1), a plaintiff may serve a 5 party through alternative means if the methods of service provided for in Rules 4.2 (service 6 within Nevada), 4.3 (service outside Nevada), and 4.4(a) (statutory service) are impracticable. 7 Under Rule 4.4(b)(2), a motion seeking an order for alternative service must provide affidavits, 8 declarations or other evidence demonstrating: 9 (i) the due diligence that the plaintiff undertook to locate and serve the defendant; and 10 (ii) the defendant’s known, or last known contact information including 11 address, phone numbers, email addresses, social media accounts, or other information used to communicate with the defendant… 12 13 The motion must also outline the proposed alternative service method and explain why it 14 comports with due process. Nev. R. Civ. P. 4.4(b)(2)(B). Under Nevada Rule of Civil Procedure 15 4.4(b)(3), if the Court orders alternative service, the plaintiff must also make reasonable efforts to 16 provide additional notice under Rule 4.4(d) and mail a copy of the summons and complaint as 17 well as any order authorizing the alternative service to the defendant’s last-known address. 18 Nevada Rule of Civil Procedure 4.4(d) provides that, in addition to any other service method, the 19 court may order a plaintiff to make reasonable efforts to provide additional notice of the 20 commencement of the action by other methods like certified mail, telephone, voice message, 21 email, social media, “or any other method of communication.” Under Federal Rule of Civil 22 Procedure 4(m), if a plaintiff shows good cause for failing to serve a defendant within 90 days 23 after a complaint is filed, the court must extend the time for service for an appropriate period. 24 II. Discussion. 25 Plaintiff provides evidence that she served the summons and complaint of Defendant’s 26 Nevada employer, that she attempted service at his address on three occasions, and that her 27 counsel attempted to call Defendant twice. During the three unsuccessful service attempts, the 1 occasion, spoke to a person caring for the home who said that Defendant and his wife are in North 2 Dakota for three months and would return in November. During the unsuccessful calls, one call 3 resulted in reaching a voicemail box with the name of Josh Bissell. Plaintiff explains that she is 4 unaware of any other addresses for Defendant. 5 Plaintiff proposes publishing the summons in the Nevada Legal News and Pahrump 6 Valley News for four weeks. Plaintiff asserts that Defendant likely has notice of this action 7 because Plaintiff served a copy of the summons and complaint on Defendant’s employer. 8 Plaintiff requests a ninety-day extension of the service deadline. 9 The Court finds that Plaintiff’s proposed methods of service are reasonably calculated to 10 provide Defendant with notice and an opportunity to respond and that they comply with the 11 alternative means of service identified by the Federal and Nevada Rules of Civil Procedure. The 12 Court further finds that Plaintiff has shown good cause to extend the service deadline. However, 13 the Court will impose additional requirements. Plaintiff must mail the summons, complaint, and 14 a copy of this order to Defendant’s last known address. See Nev. R. Civ. P. 4.4(c)(4)(B). 15 Plaintiff must call and leave a voicemail with Defendant regarding this order and the service by 16 publication. See Nev. R. Civ. P. 4.4(d)(1). Plaintiff must also mail the summons, complaint, and 17 a copy of this order to Defendant’s employer. See

18 19 IT IS THEREFORE ORDERED that Plaintiff’s emergency motion to enlarge time for 20 service and to allow service by publication (ECF No. 5) is granted. 21 IT IS FURTHER ORDERED that Plaintiff must serve Defendant by the following 22 methods: (1) publishing the language proposed in her order in both the Nevada Legal News and 23 the Pahrump Valley News at least once per week for a period of four weeks; (2) mailing a copy of 24 the summons, complaint, and this order to Defendant’s last known address; (3) calling 25 Defendant’s last known telephone numbers and leaving a voicemail regarding this order and the 26 service by publication; and (4) mailing a copy of the summons, complaint, and a copy of this 27 order to Defendant’s employer. 1 IT IS FURTHER ORDERED that the service deadline is extended by ninety days to 2 December 8, 2025. 3 4 DATED: August 28, 2025 5 DANIEL J. ALBREGTS 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27