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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 TRUSTEES OF THE NATIONAL AUTOMATIC SPRINKLER INDUSTRY WELFARE FUND, ET AL., ORDER Plaintiffs, 14 v. 15 16 No. 2:16-mc-00075-MCE-AC KIMBERLY HARVEY, ET AL., Defendants. 17 18 Plaintiffs are judgment creditors who have registered a foreign judgment in this district 19 20 and seek to collect. ECF No. 1. They have obtained writs of execution, ECF Nos. 8, 14, and 21 request the special appointment of a registered process server. ECF No. 12 (Amended Request 22 for Appointment to Serve Process). As authority for their request, plaintiffs cite inter alia to Local Rules 5-3 and 64-2. ECF 23 24 No. 12 at 1 ¶4, 2 ¶9. This court is governed by the Local Rules of the Eastern District of 25 California, which do not include rules enumerated 5-3 or 64-2.1 The supporting declaration of 26 27 28 1 The Local Rules of the Eastern District of California are available at -1-15.pdf 1 1 plaintiff’s counsel, which recites a factual basis for the request, reports a conversation with a clerk 2 for the U.S. Marshal’s Service in another district, about that agency’s unavailability to serve 3 levies in the Central District of California. ECF No. 12 at 5. Neither the cited authorities nor the 4 declaration support the special appointment of a process server in this district. Accordingly, the 5 request will be denied without prejudice. 6 Finally, the court notes that the writs at issue do not specify bank accounts or otherwise 7 identify property to be levied. If plaintiffs seek merely to serve the judgment creditors with 8 documents, without the seizure of assets, they do not require court appointment in order to utilize 9 a process server for that purposes. 10 Accordingly, IT IS HEREBY ORDERED THAT Plaintiff’s Amended Request for Special 11 Appointment to Serve Process, ECF No. 12, is DENIED without prejudice. 12 DATED: March 8, 2017 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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