Doe v. Lowe's Home Centers LLC

District Court, D. Nevada

Doe v. Lowe's Home Centers LLC

Trial Court Opinion

1

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Jane Doe, Case No. 2:25-cv-00809-GMN-DJA 6 Plaintiff, 7 Order v. 8 Lowe’s Home Centers LLC; et al., 9 Defendants. 10 11 Before the Court is Plaintiff’s motion to extend time to serve Defendants Victor [LNU]1 12 and Anthony [LNU] and to serve them by publication. (ECF No. 11). Plaintiff explains that she 13 needs to conduct discovery in this matter to determine Victor and Anthony’s identities and 14 whereabouts. No party has opposed Plaintiff’s motion, constituting their consent to the Court 15 granting it. See LR 7-2(d). 16 The Court grants the motion in part and denies it in part. It grants Plaintiff’s requested 17 extension. See Fed. R. Civ. P. 4(m). It denies Plaintiff’s request for service by publication 18 because Plaintiff has neither discovered Victor and Anthony’s identities and whereabouts nor 19 attempted service on them using that information. So, the Court cannot determine whether 20 service through the Nevada Legal News would be “reasonably calculated” to provide notice and 21 an opportunity to respond. Rio Props., Inc. v. Rio Intern. Interlink,

284 F.3d 1007, 1016-17

(9th 22 Cir. 2002) (citing Mullane v. Central Hanover Bank & Trust Co.,

339 U.S. 306, 314

(1950)). 23 24 IT IS THEREFORE ORDERED that Plaintiff’s motion (ECF No. 11) is granted in 25 part and denied in part. It is granted in part regarding Plaintiff’s request that the Court extend 26 27 1 the service deadline. It is denied in part regarding Plaintiff’s request to serve Victor and Anthony 2 by publication. 3 IT IS FURTHER ORDERED that the service deadline is extended by 150 days from the 4 date of Plaintiff’s motion to October 31, 2025. 5 6 DATED: August 29, 2025 7 DANIEL J. ALBREGTS 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

Reference

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