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

Filing 153

ORDER RE: SERVICE (Illston, Susan) (Filed on 1/25/2012)

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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 ex parte application with the Court to serve three of 15 the 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 generally for Pezzi 20 based on their assertion that she is not living in the United States. The Court issued an order requesting 21 that Responding Defendants file a declaration regarding their knowledge of the defendants’ 22 whereabouts. See doc. 132. They have since done so. See Draper Decl. and Supp. Draper Decl., docs. 23 134 and 146. The declarations represent that defendants have since discovered and provided plaintiffs 24 with sufficient personal information to serve Wallace and Piscatelli, and provided the city in Australia 25 in which Pezzi resides as well as the organization for which she works. Australia is a party to the 26 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial 27 Matters (1965 Hague Service Convention). 28 The Court finds that defendants have provided plaintiffs with sufficient information to serve the 1 three defendants without resort to publication. Plaintiffs’ application is therefore DENIED. If plaintiffs 2 find that they cannot personally serve any of the three defendants, they may reapply for service by 3 publication. 4 5 IT IS SO ORDERED. 6 7 Dated: January 25, 2012 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

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