Smith v. National City Mortgage et al

Filing 43

ORDER signed by Judge John A. Mendez on 5/19/2011 GRANTING 42 Plaintiff's Application to serve the California Secretary of State. (Reader, L)

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Jamil L. White (Bar No. 244028)
Matthew Mellen (Bar No. 233350)
WHITE | MELLEN
5600 H Street, Suite 100
Sacramento, CA 95819
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
WILLIAM ALLEN SMITH

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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WILLIAM ALLEN SMITH, an individual,

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Case No.: 2:10-cv-00359-JAM-JFM

Plaintiff,

APPLICATION AND ORDER TO
SERVE THE CALIFORNIA
SECRETARY OF STATE

v.
NATIONAL CITY MORTGAGE, a business
entity; UNITED LENDERS GROUP, a business
entity; JEFF MOORE, an individual;
KONDAUR CAPITAL CORP., a business
entity; and Does 1 through 100, inclusive,
Defendants.

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Plaintiff hereby requests an order to serve the California Secretary of State on behalf of
Defendant United Lenders Group, a business enitity, named in the entitled case.
Defendant United Lenders Group, a business entity, was served on John Smoth, as Agent for
Service of Process for Defendant United Lenders Group, by mail at the address registered with the
California Secretary of State on April 20, 2011.

Service was returned to our office as

“Undeliverable.” First Legal was then hired to attempt personal service on John Smoth. First Legal
attempted to serve Mr. Smoth on May 6, 2011, and was unsuccessful at personally serving him at the
building in which the registered business address is located. The given address is vacant without a
forwarding address. An affidavit of due diligence has been obtained and was mailed to the Court on

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APPLICATION AND ORDER TO SERVE CALIFORNIA SECRETARY OF STATE

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May 16, 2011. (See Affidavit of Reasonable Diligence on United Lenders Group, attached as

Exhibit “A.”)

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IT IS HEREBY ORDERED that Plaintiff’s application is granted.

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DATED: May 19, 2011

/s/ John A. Mendez____ _______
U.S. DISTRICT COURT JUDGE

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APPLICATION AND ORDER TO SERVE CALIFORNIA SECRETARY OF STATE

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