DC Comics v. Mark Towle et al

Filing 6

EX PARTE APPLICATION for Order for AUTHORIZING SERVICE OF PROCESS ON DEFENDANT BY PUBLICATION AND MAIL AND REQUEST FOR ENLARGEMENT OF TIME WITHIN WHICH TO EFFECT SERVICE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by plaintiff DC Comics. (Attachments: # 1 [PROPOSED] ORDER GRANTING PLAINTIFFS 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)(Drey, Nicole)

5

J. Andrew Coombs (SBN 123881)
[e-mail]
Nicole L. Drey (SBN 250235)
[e-mail]
J. Andrew Coombs, A Prof. Corp.
517 East Wilson Avenue, Suite 202
Glendale, California 91206
Telephone: [phone]
Facsimile: [phone]

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)
[PROPOSED] 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

Dated:

________________________________
Hon. Ronald S.W. Lew
District Judge, United States District
Court, Central District of California

19
20
21
22

PRESENTED BY:
J. Andrew Coombs,
A Professional Corporation

23
24
25

By: __/s Nicole L. Drey_________
J. Andrew Coombs
Nicole L. Drey
Attorneys for Plaintiff DC Comics

26
27
28
DC Comics v. Towle: [Proposed] Order Granting Plaintiff’s Ex
Parte Application

-2-

PROOF OF SERVICE
I, the undersigned, certify and declare that I am over the age of 18 years,
employed in the County of Los Angeles, and not a party to the above-entitled
cause. I am employed by a member of the Bar of the United States District Court of
California. My business address is 517 East Wilson Avenue, Suite 202, Glendale,
California 91206.
On August 31, 2011, I served on the interested parties in this action with:
•

•

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;
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF
[PROPOSED] ORDER GRANTING PLAINTIFFS’ 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

in support for the following civil action:
Warner Bros. Entertainment Inc. v. M. Towle, et al.
by placing a true copy thereof in an envelope to be immediately sealed thereafter. I
am readily familiar with the office’s practice of collecting and processing
correspondence for mailing. Under that practice it would be deposited with the
United States Postal Service on the same day with postage thereon fully prepaid at
Glendale, California in the ordinary course of business. I am aware that on motion
of the party served, service presumed invalid if postal cancellation date or postage
meter is more than one day after date of deposit for mailing in affidavit.
Larry Zerner
Zerner Law
1801 Century Park East, Suite 2400
Los Angeles, CA 90067
Place of Mailing: Glendale, California
Executed on August 31, 2011, at Glendale, California
/s/ Jeremy Cordero
Jeremy Cordero