Opinion
2:21-cv-01984-APG-EJY
01-06-2022
SHERRIE ATTEBERRY, Plaintiff v. SMITH'S FOOD & DRUG CENTERS, INC. and TYLER TATE, Defendants
ORDER GRANTING UNOPPOSED MOTION TO DISMISS
[ECF NO. 5]
ANDREW P. GORDON, UNITED STATES DISTRICT JUDGE
Defendant Tyler Tate moves to dismiss for insufficient service of process. ECF No. 5. The affidavit of service for Tate states that Tate was served on October 24, 2021 at 4208 Seclusion Bay Ave in North Las Vegas. ECF No. 1-1 at 13. Tate disputes that he was served at that location in October 2021 because Tate avers that he has resided in Idaho since February 2021, that he was physically present in Idaho in October 2021, and that he did not live at and is unfamiliar with the address where he was purportedly served in North Las Vegas. ECF No. 5-1. The plaintiff has not responded to this motion. I therefore grant it as unopposed. See LR 7-2(d).
I THEREFORE ORDER that defendant Tyler Tate's motion to dismiss (ECF No. 5) is GRANTED.