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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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]

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Attorneys for Plaintiff DC Comics

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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Mark Towle, an individual and doing
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business as Gotham Garage, and Does 1 - )
10, inclusive,
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Defendants.
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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

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The Court has read and considered all papers filed in connection with Plaintiff

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DC Comics’ (“Plaintiff”) Ex Parte Application for Order Authorizing Service of

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Process on Defendant by Publication and Mail and Request for Enlargement of Time

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Within Which to Effect Service (“Application”), and it appears to the satisfaction of

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the Court that Defendant Mark Towle, an individual and doing business as Gotham

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Garage (“Defendant”), cannot be served with reasonable diligence in any other

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manner set forth in California Code of Civil Procedure §§ 415.10 through 415.40.

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The Court also finds that Plaintiff has stated facts sufficient to constitute a cause of

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action against Defendant.

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

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THEREFORE, IT IS HEREBY ORDERED that the Application is granted as

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follows:

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1)

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publication in the Orange County Register, a newspaper published in the State of

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California, and designated as the newspaper most likely to give actual notice to

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Defendant.

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2)

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pursuant to California Government Code § 6064.

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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

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for publication to both the last known address for Defendant and the address of

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Defendant’s counsel.

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4)

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authorized by the Federal Rules of Civil Procedure, which service supersedes the

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service by publication.

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5)

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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

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RONALD S.W. LEW

Dated: September 6, 2011

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

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

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