Stratas Foods LLC v. J.B. Cusick Company, Inc.
Filing
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ORDER signed by Magistrate Judge Chi Soo Kim on 1/28/2025 GRANTING 5 Motion to permit alternate service and an extension of time to serve Defendant; and DIRECTING Plaintiff to serve Defendant through the California Secretary of State within 30 days of this order's issuance. (Deputy Clerk RRB)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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STRATAS FOODS LLC,
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Plaintiff,
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v.
J.B. CUSICK COMPANY, INC.,
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Defendant.
Case No. 2:24-cv-02414-CSK
ORDER GRANTING MOTION FOR
ALTERNATE SERVICE
(ECF No. 5)
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Plaintiff Stratas Foods LLC moves (1) to extend time for service, and (2) for
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substituted service upon Defendant J.B. Cusick Company, Inc. 1 (ECF No. 5).
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Plaintiff filed its complaint on September 5, 2024. (ECF No. 1.) Since then,
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Plaintiff has attempted to serve Defendant at its registered agent’s address six different
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times during September 2024, but was unsuccessful. Pl. Mot. (ECF No. 50-1 at 5-6.) The
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registered agent’s address was obtained through the California Secretary of State’s
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website. Id. Plaintiff states that it believes it already properly served Defendant under
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Fed. R. Civ. P. 4(e)(1) by complying with California Code of Civil Procedure section
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415.20(a), but filed this motion out of an abundance of caution. Id. at 4-5.
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This matter proceeds before the undersigned pursuant to the Court’s automated case
assignment plan. Local Rule, Appendix A, subsection (m); see 28 U.S.C. § 636, Fed. R.
Civ. P. 72, Local Rule 302(c).
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Plaintiff has shown sufficient good cause for an extension of the deadline for
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service pursuant to Federal Rule of Civil Procedure 4(m). In addition, Plaintiff has shown
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that it has, with reasonable diligence, exhausted its other options for service pursuant to
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California Corporations Code § 1702(a). See Fed. R. Civ. P. 4(h) (corporation may be
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served in federal judicial district in manner for serving individual as provided by Rule
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4(e)(1)); id. 4(e)(1) (individual may be served by following state law provisions for serving
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summons in state court); Cal. Corp. Code § 1702(a) (allowing service through Secretary
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of State upon reasonable exhaustion of other provisions).
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IT IS THEREFORE ORDERED that Plaintiff’s motion (ECF No. 5) to permit
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alternate service and for an extension of time to serve Defendant through the California
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Secretary of State is GRANTED. Plaintiff is directed to serve Defendant through the
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California Secretary of State within thirty days of this order’s issuance.
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Dated: January 28, 2025
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5, stra.2414.24
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