United States of America v. Halajian et al

Filing 8

ORDER PERMITTING Service by Publication of Summons and Extending time for Service. Order signed by Magistrate Judge Sheila K. Oberto on 2/27/2014. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,
v.
BARRY HALAJIAN and BARRY
HALAJIAN SS MUNICIPLE
CORPORATION,
Defendants.

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Case No.: 1:14-cv-00225-AWI-SKO
ORDER PERMITTING SERVICE BY
PUBLICATION OF SUMMONS AND
EXTENDING TIME FOR SERVICE
(Doc. 5.)

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On February 20, 2014, Plaintiff United States of America ("Plaintiff") filed an "Ex Parte

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Application for Order Permitting Service of Process by Publication." (Doc. 5). Plaintiff has filed a

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complaint to nullify allegedly false UCC-1 liens filed by Defendants Barry Halajian and Barry

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Halajian SS Municiple Corporation (“Defendants”) against employees of the United States. After

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several unsuccessful attempts at service, Plaintiff seeks an order authorizing service of the summons

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by publication in Fresno, California, on four (4) successive calendar weeks pursuant to Federal Rule of

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Civil Procedure 4(e) and California Government Code Section 6064.

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Based on the declaration of Lynn Ernce, the Court finds that Plaintiff has diligently sought to

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serve Defendants and that service by publication of summons in the Fresno Bee, a local newspaper

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distributed in Fresno, California, for four (4) successive calendar weeks is reasonably calculated,

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under the circumstances, to appraise Defendants of the existence and pendency of the action.

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Thus, having considered Plaintiff’s ex parte application, and good cause appearing therefor, IT
IS HEREBY ORDERED that:
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Publication is GRANTED (Doc. 5);

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Plaintiff’s ex parte application for an Order Permitting Service of Process by

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Pursuant to Fed. R. Civ. P. 4(m) and Cal. Code Civ. Proc. § 415.50, service upon Barry

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Halajian and Barry Halajian SS Municiple Corporation shall be effectuated by

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publication of the summons not less than once a week for four consecutive weeks in the
Fresno Bee newspaper;

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3.

The publication of summons shall be in the format of Exhibit B to the United States’

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Ex Parte Application for an Order Permitting Service by Publication (Doc. 5, Exh. B);

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and

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4.

Defendants Barry Halajian and Barry Halajian SS Municiple Corporation shall appear

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or plead in this action no later than twenty-one (21) days after service by publication is

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complete, and if there is no appearance or pleading by such date, the Court shall

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proceed as if the absent defendants had been served with process within the State of

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California.

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IT IS SO ORDERED.
Dated:

February 27, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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