Opinion
No. 01cv00072 BB/WDS.
May 12, 2009
ZUNI RIVER BASIN ADJUDICATION
ORDER GRANTING MOTION TO ALLOW SERVICE BY PUBLICATION
This matter is before the Court on the Motion to Allow Service by Publication filed by the Plaintiff United States of America ("United States") on May 11, 2009 (Doc. No. 2356). The United States' motion asks that the Court approve service of process by publication in newspapers of general circulation upon all unknown defendants and upon the following named defendants: Name Subfile
Maureen Kearns and Robert Kammerer Trust ZRB-1-0049 David Zimmerman ZRB-1-0065 Sirintorn Zimmerman ZRB-1-0065 David Bradford ZRB-1-0131 Evelyn Bradford ZRB-1-0131 Unknown Heirs of Eugenio Landavazo ZRB-2-0060 Unknown Heirs of Doris Chick ZRB-3-0031 Howard Price ZRB-3-0075 Darla Nicoll ZRB-3-0092 Thomas Mooney ZRB-3-0115 Beverly J. Munoz ZRB-3-0117 R.W. Ader ZRB-4-0024 Steven Berube, Trustee ZRB-4-0042 Kenneth Montague ZRB-4-0406 Tonia Montague ZRB-4-0406 Rudy Garcia, Trustee of the Diana Mae Garcia Special ZRB-4-0431 Needs Trust Unknown Heirs of Ralph Bond ZRB-5-0011 Leo Eriacho ZRB-6-0001 Loretta Eriacho ZRB-6-0002 The Court finds that the Plaintiff has made diligent efforts to identify all defendants and make personal service on each named defendant, but has not been able to complete service of process.The Court takes judicial notice that the Albuquerque Journal and the Gallup Independent are newspapers of general circulation in the Zuni River Basin or in the State of New Mexico and finds that they are the publications most likely to give defendants notice of the pendency of this action.
The Court further finds that the Notice of Lawsuit and Summons filed as Exhibit A to the United States' motion provides adequate notice to defendants of the pendency of this lawsuit and their obligation to appear and defend or suffer entry of a default judgment that conforms to the Zuni River Basin Adjudication Hydrographic Survey Reports for the Sub-Areas 1, 2, 3, 4, 7, 8, 9 10 and Ramah, as amended.
THEREFORE, IT IS HEREBY ORDERED that the Clerk cause a signed and seal-stamped copy of the Notice of Lawsuit and Summons, filed as Exhibit A to the United States' motion, to be delivered to counsel for the United States.
IT IS FURTHER ORDERED that, pursuant to Fed.R.Civ.P. 4(e)(1) and Rule 1-004(K) of the Rules of Civil Procedure for the District Courts of the State of New Mexico, the Plaintiff United States serve process on the above-named defendants and all unknown defendants by publication of the Notice of Lawsuit and Summons approved herein once a week for three consecutive weeks in the Albuquerque Journal and the Gallup Independent.
IT IS FURTHER ORDERED that the Plaintiff file a proof of service with a copy of the affidavits of publication when service has been completed.