Summary
The United States District Court for the District of Nevada granted in part Ferrari Financial Services, Inc.’s motion for alternative service and authorized service of Gueorgui Gantchev by email. The court denied the request for service by publication as moot and granted a motion extending the deadline to file proof of service through February 9, 2026.
Holdings
- Plaintiff demonstrated that service under the ordinary Nevada service methods was impracticable because repeated personal-service attempts and additional efforts to locate defendant had failed.
- Service by email to [email protected] and [email protected] was authorized because it was reasonably calculated to give Gantchev notice of the action and an opportunity to respond.
- Plaintiff showed good cause for extending the time to serve Gantchev, and the court extended the deadline to February 9, 2026.
- The request for service by publication was denied as moot because the court authorized service by email; plaintiff could renew the request if email service failed.
Questions Presented
- Whether plaintiff demonstrated that the ordinary methods of service were impracticable under Nevada Rule of Civil Procedure 4.4.
- Whether service of the summons and complaint by email to the two identified addresses was reasonably calculated to provide defendant notice and an opportunity to respond.
- Whether plaintiff showed good cause for extending the time to serve defendant under Federal Rule of Civil Procedure 4(m).
- Whether service by publication should be authorized as an alternative to email service.
Disposition
other
Cases Cited (11)
- Rio Props. v. Rio Int'l Interlink, 284 F.3d 1007, 1017 (9th Cir. 2002)(followed)
- Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314, 70 S. Ct. 652, 94 L. Ed. 865 (1950)(followed)
- Neumont University, LLC v. Nickles, 304 F.R.D. 594, 599 (D. Nev. 2015)(followed)
- Efaw v. Williams, 473 D.3d 1038, 1041 (9th Cir.)(followed)
- Henderson v. United States, 517 U.S. 654, 661, 116 S. Ct. 1638, 134 L. Ed. 2d 880 (1996)(followed)
- PlayUp, Inc. v. Mintas, No. 2:21-cv-02129-GMN-NJK, 2021 WL 5988539, at *2 (D. Nev. Dec. 16, 2021)(followed)
- Starken v. Amazon.com, Inc., No. 2:25-cv-0045-RFB-EJY, 2025 WL 1640794, at *1-2 (D. Nev. May 5, 2025)(followed)
- Townsel v. Contra Costa County, Cal., 820 F.2d 319, 320 (9th Cir. 1987)(followed)
- Thomas v. Arn, 474 U.S. 140, 142 (1985)(cited)
- Martinez v. Yist, 951 F.2d 1153, 1157 (9th Cir. 1991)(cited)
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Cited In (0)
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Court Document
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