Xerox Corporation v. Simply Smashing, Inc.

Filing 30

ORDER GRANTING Plaintiff's 29 Request for Service by Registered Process Server, signed by Magistrate Judge Stanley A. Boone on 4/4/2014. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 XEROX CORPORATION, 12 Plaintiff, 13 v. 14 SIMPLY SMASHING, INC., 15 Case No. 1:13 -cv-00395-LJO-SAB ORDER GRANTING PLAINTIFF’S REQUEST FOR SERVICE BY REGISTERED PROCESS SERVER (ECF No. 29) Defendant. 16 17 On July 12, 2013, judgment was entered against Defendant Simply Smashing, Inc. in the 18 amount of $411,461.21. (ECF Nos. 20, 21.) On April 2, 2014, Plaintiff filed a request for service 19 of process by a registered process server to serve the writ of execution. (ECF No. 29.) 20 Rule 69 of the Federal Rules of Civil Procedure, which governs a money judgment to be 21 enforced by a writ of execution, provides that the procedure on execution must accord with the 22 procedure of the state in which the court is located, but a federal governs to the extent that it 23 applies. Fed. R. Civ. P. 69(a)(1). Rule 4.1 of the Federal Rules of Civil Procedure provides that 24 “[p]rocess--other than a summons under Rule 4 or a subpoena under Rule 45--must be served by 25 a United States marshal or deputy marshal or by a person specially appointed for that purpose.”1 The Court has read and considered that request for service of process and good cause 26 27 28 1 Plaintiff requests authorization of service pursuant to Rule 4(c) of the Federal Rules of Civil Procedure, however, in 1993 Rule 4.1 was adopted to separate the provisions of Rule 4. Fed. R. Civ. P. Advisory Committee Notes. 1 1 2 appearing, IT IS HEREBY ORDERED that 1. 3 4 Gold Line Credit Services, Inc. is authorized to serve legal process in this matter, including writs of execution; and 2. The United States Marshal’s Service shall remain the levying officer. 5 6 7 IT IS SO ORDERED. Dated: April 4, 2014 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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