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

Filing 132

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

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?