Ally Bank et al v. Wells Fargo Bank, N.A.

Filing 132

ORDER RE: SERVICE (Illston, Susan) (Filed on 12/23/2011)

1
2
3
4
IN THE UNITED STATES DISTRICT COURT
5
FOR THE NORTHERN DISTRICT OF CALIFORNIA
6
7
8

FIDELITY NATIONAL TITLE INSURANCE
COMPANY, et al.,

ORDER RE: SERVICE

9
United States District Court
For the Northern District of California

10
11
12

No. C 11-00896 SI

Plaintiffs,
v.
JAMES CASTLE, et al.,
Defendants.

/

13
14

On December 15, 2011, plaintiffs filed an application with the Court to serve three of the

15

defendants in this action - Carl Wallace, Christopher Michael Piscatelli, and Jennifer Pezzi - by

16

publication in the Sacramento Bee. On December 16, 2011, defendants Castle, CCTT Group, CJT

17

Financial Group, and Oreplex International LLC (collectively, “Responding Defendants”) filed a

18

response, opposing publication in the Sacramento Bee for Wallace and Piscatelli based on the fact the

19

alleged transactions took place outside of Sacramento, and opposing publication for Pezzi based on their

20

assertion that she is not living in the United States. Responding Defendants argue that they oppose

21

plaintiff’s application in the interest of avoiding service disputes that may come later in the case if

22

defendants are not properly served in a manner “reasonably calculated to provide actual notice” now.

23

Def.’s Response, at 2; citing Mullane v. Central Hanover Bank & Trust Co.,339 U.S. 306, 314 (1950).

24

The Court shares Responding Defendant0s’ concern that all defendants must be properly served

25

now to avoid future disputes, particularly considering the number of defendants plaintiffs have named

26

in this action. However, neither Responding Defendants nor their counsel have filed a declaration to

27

provide a factual basis on which the Court can properly act regarding this application. The Court

28

requests that if Responding Defendants want to oppose plaintiff’s application to serve by publication,

1

they file a declaration providing a factual basis as to their belief regarding the whereabouts or proper

2

place of service by publication of the defendants. Such a declaration must be filed by January 6, 2012.

3

Because both parties agree to an extension of time in which to serve these three defendants, the

4

Court extends that time until February 29, 2012, as requested by plaintiffs.

5
6
7

IT IS SO ORDERED.
Dated: December 23, 2011

8
SUSAN ILLSTON
United States District Judge

9
United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2