Domenicelli v. Creditor Specialty Service, Inc.

Filing 10

ORDER RE MOTION TO SERVE PROCESS BY PUBLICATION. Signed by Magistrate Judge Bernard Zimmerman on 6/17/2010. (bzsec, COURT STAFF) (Filed on 6/17/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. CREDITOR SPECIALTY SERVICE INC., Defendant(s). Plaintiff(s), MIKE DOMENICELLI, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. C10-0364 BZ ORDER RE MOTION TO SERVE PROCESS BY PUBLICATION Having received plaintiff's motion to serve process by publication, IT IS ORDERED that plaintiff SHALL file a writing addressing the following issues by JUNE 23, 2010: 1. Defendant's agent's address at 2626 Townsgate Road appears on multiple online mapping services such as Google Maps and Yahoo Maps. While the address on the Secretary of State's webpage lists the city as Westlake Village and a search for the address shows that Thousand Oaks is the correct city, the zip code of 91361 correctly appears on the webpage. Plaintiff should explain any reasonable diligence 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 used in locating the correct address. 2. Plaintiff did not provide any competent evidence that defendant's agent cannot be served at the address listed by the California Bar or the address listed on the agent's letterhead. 3. Plaintiff did not state whether he ever asked defendant's agent for an address where he could be served despite speaking directly to the agent as well as someone who answered the agent's phone. 4. Plaintiff did not describe any efforts to obtain a waiver of service in light of Mr. Evans's stated intention to file an answer. Dated: June 17, 2010 Bernard Zimmerman United States Magistrate Judge G:\BZALL\-BZCASES\DOMENICELLI V. CREDITOR SPECIALTY\ORDER.wpd 2

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