Trustees of the National Automatic Sprinkler Industry Welfare Fund et al v. Harvey et al

Filing 15

ORDER signed by Magistrate Judge Allison Claire on 3/8/2017 DENYING Plaintiff's 12 Amended Request for Special Appointment to Serve Process. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TRUSTEES OF THE NATIONAL
AUTOMATIC SPRINKLER
INDUSTRY WELFARE FUND, ET
AL.,

ORDER
Plaintiffs,

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v.

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No. 2:16-mc-00075-MCE-AC

KIMBERLY HARVEY, ET AL.,
Defendants.

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Plaintiffs are judgment creditors who have registered a foreign judgment in this district

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and seek to collect. ECF No. 1. They have obtained writs of execution, ECF Nos. 8, 14, and

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request the special appointment of a registered process server. ECF No. 12 (Amended Request

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for Appointment to Serve Process).
As authority for their request, plaintiffs cite inter alia to Local Rules 5-3 and 64-2. ECF

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No. 12 at 1 ¶4, 2 ¶9. This court is governed by the Local Rules of the Eastern District of

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California, which do not include rules enumerated 5-3 or 64-2.1 The supporting declaration of

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The Local Rules of the Eastern District of California are available at
http://www.caed.uscourts.gov/caednew/assets/File/EDCA%20Local%20Rules%20Effective%201
-1-15.pdf
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plaintiff’s counsel, which recites a factual basis for the request, reports a conversation with a clerk

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for the U.S. Marshal’s Service in another district, about that agency’s unavailability to serve

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levies in the Central District of California. ECF No. 12 at 5. Neither the cited authorities nor the

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declaration support the special appointment of a process server in this district. Accordingly, the

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request will be denied without prejudice.

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Finally, the court notes that the writs at issue do not specify bank accounts or otherwise

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identify property to be levied. If plaintiffs seek merely to serve the judgment creditors with

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documents, without the seizure of assets, they do not require court appointment in order to utilize

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a process server for that purposes.

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Accordingly, IT IS HEREBY ORDERED THAT Plaintiff’s Amended Request for Special

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Appointment to Serve Process, ECF No. 12, is DENIED without prejudice.

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DATED: March 8, 2017

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