United States of America v. Edwards, et al.

Filing 15

ORDER GRANTING Motion to Serve Defendant Marcia Doerr by Publication and to Extend Time to Serve. The service of process deadline is extended from January 15, 2018, to March 15, 2018. Order signed by Magistrate Judge Sheila K. Oberto on 1/16/2018. (Timken, A)

1
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

2
3

UNITED STATES OF AMERICA,
4
5
6
7
8
9
10

)
)
Plaintiff,
)
)
v.
)
)
DAVID J. EDWARDS,
)
CENTRAL CINEMA, LP
)
MARCIA DOERR (Trustee of LAP Trust),
)
and
)
STATE OF CALIFORNIA,
)
FRANCHISE TAX BOARD,
)
)
Defendants.
)
_______________________________________)

Case No. 1:17-CV-01105-AWI-SKO
ORDER GRANTING MOTION TO
SERVE DEFENDANT MARCIA
DOERR BY PUBLICATION AND TO
EXTEND TIME TO SERVE
(Doc. 14)

11
Before the Court is a renewed motion (Doc. 14) by Plaintiff United States of America
12
(the “Government”) for leave to serve Defend Marcia Doerr by publication and for an extension
13
of time to effect service on Defendant Doerr. The Court finds that the Government has met its
14
burden of exercising reasonable diligence pursuant to Rules 4(e)(1) and 4(m) of the Federal
15
Rules of Civil Procedure and § 415.50 of the California Code of Civil Procedure, and, for good
16
cause shown, the Government’s motion to serve Defendant Doerr by publication is GRANTED.
17
(See generally Doc. 10; see also Doc. 14.) Accordingly, it is hereby ORDERED that the
18
Government may effect service of the summons and complaint in this action on Defendant Doerr
19
by publication pursuant to § 415.50 of the California Code of Civil Procedure and by posting a
20
copy of the summons and complaint at the gate or door of the real property that is the subject of
21
this litigation.
22
23
24
25
1
5

Further, for good cause shown, the Government’s request for an extension of time to

1
2

effect service on Defendant Doerr is GRANTED. Accordingly, it is hereby ORDERED that the

3

service of process deadline is extended from January 15, 2018, to March 15, 2018.

4
5

IT IS SO ORDERED.

6

Dated:

January 16, 2018

/s/

UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2
5

Sheila K. Oberto

.