Christensen v. Cotnoir et al

Filing 13

ORDER Granting Motion for Service by Publication. Signed by Judge Jeffrey S. White on 11/15/2011. (rbe, COURT STAFF) (Filed on 11/16/2011)

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REUBEN J. DONIG, CSB No. 65659
LAW OFFICES OF REUBEN J. DONIG
177 BOVET ROAD, SUITE 600
SAN MATEO, CA 94402
TELEPHONE: [phone]
FACSIMILE: [phone]
EMAIL: [e-mail]
GARY A. ANGEL, CSB No. 70006
LAW OFFICES OF GARY A. ANGEL
177 POST STREET, EIGHTH FLOOR
SAN FRANCISCO, CA 94108
TELEPHONE:[phone]
FACSIMILE:[phone]
EMAIL: [e-mail]
Attorneys for Plaintiff LILLIAN CHRISTENSEN,
as Personal Representative of the Estate and
Mother of Decedent, GARY ALLEN CHRISTENSEN

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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LILLIAN CHRISTENSEN, as )
14 Personal Representative )
for the Estate and Mother)
15 of Decedent, GARY ALLEN )
CHRISTENSEN,
)
16
)
Plaintiff,
)
17
)
v.
)
18
)
ROBERT E. COTNOIR, an
)
19 Individual and Owner of )
the Vessel, “BETTY K,”
)
20 AND ROBERT LONGSTRETH, an)
Individual and Master of )
21 the Vessel “BETTY K,”
)
)
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Defendants.
)
)
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Civil No. CV 11-3864 JSW
ORDER GRANTING ADMINISTRATIVE MOTION FOR LEAVE TO
SERVE SUMMONS ON ROBERT C.
LONGSTRETH VIA PUBLICATION

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Now before the Court is Plaintiff’s Administrative Motion

25 for

Leave

to

Serve

Summons

on

ROBERT

C.

LONGSTRETH

via

26 publication, and to extend time for service to February 3, 2012.
27 The time for filing an opposition to the Motion has expired, and
28 the Court has not received any opposition.
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ORDER GRANTING ADMINISTRATIVE MOTION FOR LEAVE TO SERVE SUMMONS ON ROBERT C. LONGSTRETH
VIA PUBLICATION - Case No. CV 11-3864 JSW

1

After considering the Motion, relevant legal authority, and

2 the record in this case, the Court hereby GRANTS plaintiff’s
3 administrative motion.
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IT IS HEREBY ORDERED that service of the Summons in this

5 action on defendant ROBERT C. LONGSTRETH shall be accomplished by
6 publication in the Pacifica Tribune and the Mountain Democrat,
7 newspapers published in the State of California, and designated
8 as the newspapers most likely to give actual notice to defendant
9 ROBERT C. LONGSTRETH.
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IT IS FURTHER ORDERED that the time to complete service is

11 extended by 60 days, until February 3, 2012.
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IT IS FURTHER ORDERED that this Order does not preclude

13 service upon defendant ROBERT C. LONGSTRETH in any other manner
14 specified in Fed.R.Civ.P. 4 or in California Code of Civil
15 Procedure Sections 415.10 through 415.30, which service would
16 supersede these service by publication.
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IT IS FURTHER ORDERED that the publication shall be made

18 once a week for four weeks, and that the deadline by which the
19 defendant

LONGSTRETH

shall

be

served

shall

be

extended

to

20 February 3, 2012.
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IT IS HEREBY FURTHER ORDERED that if defendant ROBERT C.

22 LONGSTRETH’s address is ascertained prior to the expiration of
23 the time prescribed for publication of the Summons, a copy of the
24 Summons and Complaint and of the Order for publication shall
25 immediately be mailed to defendant ROBERT C. LONGSTRETH.
26 / / /
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Plaintiff is HEREBY ORDERED to serve a copy of this Order on

28 the remaining Defendant, ROBERT COTNOIR.
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ORDER GRANTING ADMINISTRATIVE MOTION FOR LEAVE TO SERVE SUMMONS ON ROBERT C. LONGSTRETH
VIA PUBLICATION - Case No. CV 11-3864 JSW

1

IT IS SO ORDERED.

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3 Dated: November 15, 2011

____________________________
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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ORDER GRANTING ADMINISTRATIVE MOTION FOR LEAVE TO SERVE SUMMONS ON ROBERT C. LONGSTRETH
VIA PUBLICATION - Case No. CV 11-3864 JSW