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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 12 13 14 15 No. C 11-03505 CRB MARTIN GARDNER REIFFIN, ORDER REGARDING SERVICE Plaintiff, v. MICROSOFT CORP. ET AL., Defendants. / 16 17 Prior to the hearing on Defendant Microsoft Corporation’s Motion to Dismiss (dkt. 18 10), Plaintiff Martin Reiffin moved for entry of default as to Defendants William H. Gates, 19 III and Steven A. Ballmer. See dkts. 31, 32. The Clerk of the Court declined to enter default 20 as to those Defendants. See dkts. 33, 34. Thereafter, the Court granted Defendant 21 Microsoft’s Motion to Dismiss. See dkt. 39. Defendants Gates and Ballmer have yet to 22 appear in this case, and so the Court held a case management conference on November 18, 23 2011 to inquire as to the status of those remaining Defendants. See dkt. 48. Plaintiff 24 maintained that he had properly served Defendants Gates and Ballmer, and that the Court has 25 jurisdiction over them. 26 In light of the Clerk of the Court’s declination to enter default, the Court is 27 particularly concerned about the issue of service. Specifically, Plaintiff represents that he 28 served Defendant Gates by serving an individual named Todd Mischke, a private investigator 1 “[a]uthorized by William H. Gates to accept all legal service of process on his behalf.” 2 See dkt. 31 at 3 (Proof of Service). Similarly, Plaintiff represents that he served Defendant 3 Ballmer by serving an individual named Ron Rhoades, a property manager at Defendant 4 Ballmer’s residence “[a]uthorized by Steven A. Ballmer to accept all legal service of process 5 on his behalf.” See dkt. 32 at 3 (Proof of Service). The Court is not satisfied that such 6 service was proper. Accordingly, Plaintiff is directed to take the depositions of Mischke and 7 Rhoades in order to establish that they are “agent[s] authorized by appointment . . . to receive 8 service of process” under Federal Rule of Civil Procedure 4(e)(2)(C) for Defendants Gates 9 and Ballmer respectively. Plaintiff shall file the deposition transcripts with the Court within United States District Court For the Northern District of California 10 11 sixty (60) days of this Order. IT IS SO ORDERED. 12 13 14 CHARLES R. BREYER Dated: November 22, 2011 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\CRBALL\2011\3505\order re service.wpd 2

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