DC Comics v. Mark Towle et al

Filing 7

ORDER by Judge Ronald S.W. Lew: granting 6 Plaintiff's Ex Parte Application for Order Authorizing Service of Process on Defendant by Publication and Mail and Request for Enlargement of Time Within Which to Effect Service. IT IS HEREBY ORDERED that the Application is granted as follows: 1) Service of the summons in this action on Defendant shall be accomplished by publication in the Orange County Register, a newspaper published in the State of California, and designated as the newspaper most likely to give actual notice to Defendant; 2) The publication shall be made once a week for four (4) successive weeks, pursuant to California Government Code § 6064; 3) Plaintiff shall concurrently mail a copy of the summons, complaint and order for publication to both the last known address for Defendant and the address of Defendant's counsel; 4) This order does not preclude service upon Defendant in any other manner authorized by the Federal Rules of Civil Procedure, which service supersedes the service by publication; and 5) Plaintiff shall have a sixty (60) day enlargement of time within which to serve Defendant, and in no event later than November 2, 2011. (lom)

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5 J. Andrew Coombs (SBN 123881) andy@coombspc.com Nicole L. Drey (SBN 250235) nicole@coombspc.com J. Andrew Coombs, A Prof. Corp. 517 East Wilson Avenue, Suite 202 Glendale, California 91206 Telephone: (818) 500-3200 Facsimile: (818) 500-3201 6 Attorneys for Plaintiff DC Comics 1 2 3 4 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 ) ) ) Plaintiff, ) ) v. ) ) Mark Towle, an individual and doing ) business as Gotham Garage, and Does 1 - ) 10, inclusive, ) ) Defendants. ) ) ) DC Comics, Case No. CV11-03934 RSWL (OPx) ORDER GRANTING PLAINTIFF’S EX PARTE APPLICATION FOR ORDER AUTHORIZING SERVICE OF PROCESS ON DEFENDANT BY PUBLICATION AND MAIL AND REQUEST FOR ENLARGEMENT OF TIME WITHIN WHICH TO EFFECT SERVICE 18 19 The Court has read and considered all papers filed in connection with Plaintiff 20 DC Comics’ (“Plaintiff”) Ex Parte Application for Order Authorizing Service of 21 Process on Defendant by Publication and Mail and Request for Enlargement of Time 22 Within Which to Effect Service (“Application”), and it appears to the satisfaction of 23 the Court that Defendant Mark Towle, an individual and doing business as Gotham 24 Garage (“Defendant”), cannot be served with reasonable diligence in any other 25 manner set forth in California Code of Civil Procedure §§ 415.10 through 415.40. 26 The Court also finds that Plaintiff has stated facts sufficient to constitute a cause of 27 action against Defendant. 28 DC Comics v. Towle: [Proposed] Order Granting Plaintiff’s Ex Parte Application -1- 1 THEREFORE, IT IS HEREBY ORDERED that the Application is granted as 2 follows: 3 1) 4 publication in the Orange County Register, a newspaper published in the State of 5 California, and designated as the newspaper most likely to give actual notice to 6 Defendant. 7 2) 8 pursuant to California Government Code § 6064. 9 3) Service of the summons in this action on Defendant shall be accomplished by The publication shall be made once a week for four (4) successive weeks, Plaintiff shall concurrently mail a copy of the summons, complaint and order 10 for publication to both the last known address for Defendant and the address of 11 Defendant’s counsel. 12 4) 13 authorized by the Federal Rules of Civil Procedure, which service supersedes the 14 service by publication. 15 5) 16 Defendant, and in no event later than November 2, 2011. This order does not preclude service upon Defendant in any other manner Plaintiff shall have a sixty (60) day enlargement of time within which to serve 17 18 RONALD S.W. LEW Dated: September 6, 2011 ________________________________ Hon. Ronald S.W. Lew District Judge, United States District Court, Central District of California 19 20 21 22 23 24 25 26 27 28 DC Comics v. Towle: [Proposed] Order Granting Plaintiff’s Ex Parte Application -2-