Allstate Insurance Company v. Obteen N. Nassiri, 2:15-cv-01434

Plaintiffs (Allstate entities) sued multiple defendants alleging RICO, Nevada RICO, fraud, conspiracy, unjust enrichment, and declaratory relief.
Plaintiffs sought leave to serve Obteen N. Nassiri, Jennifer Nassiri, DAA Trust, and Good Hands Chiropractic by publication after unsuccessful personal service attempts.
Process server made four separate attempts at the defendants’ believed current address; plaintiffs contend the defendants are evading service.
Several other defendants (Jim Anderson, Christyn Anderson, Anderson Family Trust, 181 Rusty Plank, LLC, Adroon, LLC) appeared and did not oppose the motion.
Nevada law (NRCP 4(e)(1)) allows service by publication only after a showing of due diligence; federal Rule 4(e)(1) permits following state law for service.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether service by publication is permissible under federal and Nevada law	Plaintiffs showed due diligence: four personal-service attempts at last known address; defendants evading service; request publication in local and Las Vegas papers plus mail	No opposition filed by the specifically targeted defendants; other appearing defendants did not contest	Granted: court authorized publication in local and Las Vegas papers once weekly for 4 weeks; service completes after 4 weeks from first publication; plaintiffs must also mail copies to last known addresses and have extra week to perfect service (until Dec. 2, 2015)

Price v. Dunn, 787 P.2d 785 (Nev. 1990) (publication not warranted where other reasonable methods for locating defendant existed)
Abreu v. Gilmer, 985 P.2d 746 (Nev. 1999) (three attempts plus directory checks can satisfy due diligence)
McNair v. Rivera, 874 P.2d 1240 (Nev. 1994) (discussing due diligence for service by publication)
NC–DSH, Inc. v. Garner, 218 P.3d 853 (Nev. 2009) (addressing state service rules and related procedural matters)