Reiffin v. Microsoft Corporation et al

Filing 49

ORDER REGARDING SERVICE. Signed by Judge Charles R. Breyer on 11/22/2011. (crblc1, COURT STAFF) (Filed on 11/22/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 11-03505 CRB

MARTIN GARDNER REIFFIN,

ORDER REGARDING SERVICE

Plaintiff,
v.
MICROSOFT CORP. ET AL.,
Defendants.

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Prior to the hearing on Defendant Microsoft Corporation’s Motion to Dismiss (dkt.

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10), Plaintiff Martin Reiffin moved for entry of default as to Defendants William H. Gates,

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III and Steven A. Ballmer. See dkts. 31, 32. The Clerk of the Court declined to enter default

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as to those Defendants. See dkts. 33, 34. Thereafter, the Court granted Defendant

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Microsoft’s Motion to Dismiss. See dkt. 39. Defendants Gates and Ballmer have yet to

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appear in this case, and so the Court held a case management conference on November 18,

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2011 to inquire as to the status of those remaining Defendants. See dkt. 48. Plaintiff

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maintained that he had properly served Defendants Gates and Ballmer, and that the Court has

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jurisdiction over them.

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In light of the Clerk of the Court’s declination to enter default, the Court is

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particularly concerned about the issue of service. Specifically, Plaintiff represents that he

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served Defendant Gates by serving an individual named Todd Mischke, a private investigator

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“[a]uthorized by William H. Gates to accept all legal service of process on his behalf.”

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See dkt. 31 at 3 (Proof of Service). Similarly, Plaintiff represents that he served Defendant

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Ballmer by serving an individual named Ron Rhoades, a property manager at Defendant

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Ballmer’s residence “[a]uthorized by Steven A. Ballmer to accept all legal service of process

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on his behalf.” See dkt. 32 at 3 (Proof of Service). The Court is not satisfied that such

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service was proper. Accordingly, Plaintiff is directed to take the depositions of Mischke and

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Rhoades in order to establish that they are “agent[s] authorized by appointment . . . to receive

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service of process” under Federal Rule of Civil Procedure 4(e)(2)(C) for Defendants Gates

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and Ballmer respectively. Plaintiff shall file the deposition transcripts with the Court within

United States District Court
For the Northern District of California

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sixty (60) days of this Order.
IT IS SO ORDERED.

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CHARLES R. BREYER

Dated: November 22, 2011

UNITED STATES DISTRICT JUDGE

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G:\CRBALL\2011\3505\order re service.wpd

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