Ally Financial Inc. v. Peters

Filing 12

ORDER signed by District Judge Troy L. Nunley on 2/16/16 ORDERING that Plaintiff's Ex parte Application extending time for service is GRANTED. The deadline for Ally to serve Peters with the Summons and Complaint in this action and including also the Order Requiring Joint Status Report, Notice of Availability of Magistrate Judge and Consent Form, and Notice of Availability of Voluntary Dispute Resolution is hereby EXTENDED from 2/11/16 until 5/11/2016. (Mena-Sanchez, L)

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DUANE M. GECK (State Bar No. 114823)
[e-mail]
DONALD H. CRAM (State Bar No. 160004)
[e-mail]
ELEANOR M. ROMAN (State Bar No. 178736)
[e-mail]
SEVERSON & WERSON
A Professional Corporation
One Embarcadero Center, Suite 2600
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
ALLY FINANCIAL INC.

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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ALLY FINANCIAL INC., a Delaware
12 corporation

Case No.: 2:15-cv-1522-TLN-KJN

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ORDER GRANTING PLAINTIFF
ALLY FINANCIAL INC.’S EX PARTE
APPLICATION FOR ORDER
EXTENDING TIME FOR SERVICE OF
SUMMONS AND COMPLAINT BY 90
DAYS FOR SERVICE OF SUMMONS
AND COMPLAINT BY PUBLICATION

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Plaintiff,
vs.

15 MICHAEL G. PETERS, an individual,
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Defendant.

LOCAL RULE 144(C)
F.R.C.P. 4 (M) AND 6(B)

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Order

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The ex parte application of Plaintiff, ALLY FINANCIAL INC. (“Ally”) hereby applies ex

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for an order extending by 90 days from February 11, 2016 until May 11, 2016, the time for Ally

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to serve the summons and verified complaint on defendant MICHAEL G. PETERS (“Peters”) and

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for an order to serve Peters by publication pursuant to Local Rule 144(c), F.R.C.P. 4(m) and

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F.R.C.P. 6(b) came on for hearing.

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Based on a review of the ex parte application, the memorandum of points and authorities,

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and as attested to in the declarations of John Demarr, Eleanor M. Roman, Amo Virk, Faheem

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Moore and Roger Martucci, good cause exists to grant Ally’s application and to extend the

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deadline. Despite further diligent efforts to serve Peters since November 2015 on 22 different

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occasions at five different addresses and attempts to locate him through public and private

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records, public and proprietary databases and a voter registration search, Ally has been unable to

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serve him except by certified mail, return receipt requested to the Florida address at which he is

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believed to be residing. This is in addition to the 19 attempts to serve Peters personally at four

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different addresses made between July 2015 and the date of Ally’s First Ex Parte Application.

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[Dkt. Nos 5-7.]

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Now therefore and GOOD CAUSE APPEARING:

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1.

Ally’s ex parte application is GRANTED.

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2.

The deadline for Ally to serve Peters with the Summons and Complaint in this

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action and including also the Order Requiring Joint Status Report, Notice of Availability of

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Magistrate Judge and Consent Form, and Notice of Availability of Voluntary Dispute Resolution

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is hereby extended from February 11, 2016 until May 11, 2016.

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-2Order

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3.

Service of the Summons, Complaint, Order Requiring Joint Status Report, Notice

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of Availability of Magistrate Judge and Consent Form, and Notice of Availability of Voluntary

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Dispute Resolution (hereinafter collectively, the “Summons and Complaint”) shall be made on

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defendant Michael G. Peters by publication thereof in the Contra Costa Times, a newspaper of

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general circulation published in Contra Costa County, California and in the Florida Times Union,

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newspaper of general circulation published in Duval County, Florida. Said publication be made

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in each of the foregoing newspapers at least once a week for four successive weeks.

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4.

Service of the Summons, Complaint, Order Requiring Joint Status Report, Notice

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of Availability of Magistrate Judge and Consent Form, and Notice of Availability of Voluntary

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Dispute Resolution (hereinafter collectively, the “Summons and Complaint”) shall be made on

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defendant Michael G. Peters by U.S. Mail if any additional addresses are obtained for him by

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Ally after the date of this order and before the time prescribed for service on Peters by

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publication. A declaration of mailing, or the fact that the address was not ascertained must be

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filed at the expiration of the time prescribed for service by publication.

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IT IS SO ORDERED.

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Dated: February 16, 2016

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Troy L. Nunley
United States District Judge

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Order