Temsa Ulasim Araclari Sanayi Ve Ticaret, A.S. v. TC Nevada, LLC ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 * * * 4 TEMSA ULASIM ARACLARI SANAYI Case No. 2:18-cv-01738-APG-EJY VE TICARET A.S., 5 Plaintiff, ORDER 6 v. 7 TC NEVADA, LLC, MICHAEL 8 HAGGERTY, JOHN P. HAGGERTY, and OLGA F. HAGGERTY, 9 Defendants. 10 11 Pending before the Court is Plaintiff’s Unopposed Motion for Leave to Serve Deposition 12 Subpoenas on Third-Party Witnesses Shawn Haggerty Mackin and Steve Sacamos by Alternative 13 Means (ECF No. 107). The Court finds Plaintiff made serious attempts to effect personal service on 14 Shawn Haggerty Mackin and Steve Sacamos on more than one occasion. Id. Ms. Mackin appears 15 to be refusing service despite finding her at home and Mr. Sacamos cannot be located at his home 16 or work after diligent efforts to effect service ordinarily accomplished under Federal Rule of Civil 17 Procedure 45. “Fed. R. Civ. P. 45(b)(1) does not require personal service and that an alternative 18 means of service, usually by certified mail or overnight courier, is acceptable so long as service 19 reasonably insures actual receipt of the subpoena.” Westgate LVH, LLC v. Trustees of Nevada Resort 20 Ass’n, Case No. 2:17-cv-01731-RFB-NJK, 2018 WL 11445543, at *1 (D. Nev. July 16, 2018) 21 (granting plaintiff’s motion to serve a deposition subpoena on third party witness by alternative 22 means). 23 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Unopposed Motion for Leave to 24 Serve Deposition Subpoenas on Third-Party Witnesses Shawn Haggerty Mackin and Steve Sacamos 25 by Alternative Means (ECF No. 107) is GRANTED. 26 IT IS FURTHER ORDERED that Plaintiff must attempt service by certified mail and 27 overnight courier (such as Federal Express or UPS) on Shawn Mackin and Steve Sacamos at their 1 home and business addresses providing each with at least fourteen (14) days of advance notice for 2 the date, time, and location of their depositions. 3 Dated this 15th day of October, 2024. 4 5 ELAYNA J. YOUCHAH 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