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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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FIDELITY NATIONAL TITLE INSURANCE
COMPANY, et al.,

ORDER RE: SERVICE

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United States District Court
For the Northern District of California

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No. C 11-00896 SI

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

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

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

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

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

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

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alleged transactions took place outside of Sacramento, and opposing publication generally for Pezzi

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based on their assertion that she is not living in the United States. The Court issued an order requesting

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that Responding Defendants file a declaration regarding their knowledge of the defendants’

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whereabouts. See doc. 132. They have since done so. See Draper Decl. and Supp. Draper Decl., docs.

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134 and 146. The declarations represent that defendants have since discovered and provided plaintiffs

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with sufficient personal information to serve Wallace and Piscatelli, and provided the city in Australia

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in which Pezzi resides as well as the organization for which she works. Australia is a party to the

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Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial

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Matters (1965 Hague Service Convention).

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The Court finds that defendants have provided plaintiffs with sufficient information to serve the

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three defendants without resort to publication. Plaintiffs’ application is therefore DENIED. If plaintiffs

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find that they cannot personally serve any of the three defendants, they may reapply for service by

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publication.

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IT IS SO ORDERED.

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Dated: January 25, 2012

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SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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