Innovus Prime, LLC v. LG Electronics, Inc et al

Filing 65

ORDER appointing international process server re 52 Proposed Order filed by Innovus Prime, LLC. Signed by Judge James Ware on November 15, 2011. (jwlc2, COURT STAFF) (Filed on 11/15/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
NO. C 11-04223 JW

Innovus Prime, LLC,

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ORDER APPOINTING INTERNATIONAL
PROCESS SERVER

Plaintiff,
v.

For the Northern District of California

United States District Court

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LG Electronics, Inc., et al.,
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Defendants.
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/
Presently before the Court is Plaintiff’s Request for the Appointment of an International

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Process Server.1 (See Docket Item No. 52.) Plaintiff contends that Defendant LG Electronics, Inc.

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(“LG Electronics”) is “refusing to give its [United States] counsel the authority to accept service of

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the Complaint on its behalf,” which requires Plaintiff to have Defendant LG Electronics served in

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Korea. (Id. at 2.)

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Chapter 1, Article 3 of the Convention on the Service Abroad of Judicial and Extrajudicial

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Documents in Civil or Commercial Matters developed at the Tenth Session of the Hague Conference

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on Private International Law on November 15, 1965 provides that the “authority or judicial officer

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competent under the law of the State in which the documents originate shall forward to the Central

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Authority of the State addressed a request conforming to the model annexed to the present

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Although Plaintiff has requested that the Court appoint an international process server,
Plaintiff has not brought this request before the Court in the form of a Motion, but rather in the form
of a Proposed Order. Because the Court finds that it can address Plaintiff’s Request in the form
presented, the Court construes the Request as a Motion. However, the Court admonishes Plaintiff
that the Local Rules require that any written request to the Court for an Order must be presented in
the form of either a motion or a stipulation. See Civ. L.R. 7-1(a).

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Convention, without any requirement of legalization or other equivalent formality. The document to

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be served or a copy thereof shall be annexed to the request. The request and the document shall both

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be furnished in duplicate.” Hague Service Convention, art. 3, ch.1, Nov. 15, 1965, 20 U.S.T. 361.

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Pursuant to the Hague Convention, a party may move a court to appoint an international process

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server in order to serve a party outside the United States. See Allstate Ins. Co. v. Funai Corp., 249

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F.R.D. 157, 160 (M.D. Pa. 2008).

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Upon review, the Court finds good cause to appoint an international process server to serve

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documents in this case upon Defendant LG Electronics in Korea. Accordingly, the Court GRANTS

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Plaintiff’s Request and APPOINTS Crowe Foreign Services, 1020 SW Taylor Street, Suite 240,
Portland, Oregon, 97205, as an international process server for the purpose of serving documents in

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For the Northern District of California

United States District Court

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this case upon Defendant LG Electronics.

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Dated: November 15, 2011
JAMES WARE
United States District Chief Judge

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Christopher J. Cox [e-mail]
Douglas F. Stewart [e-mail]
John David Antoni [e-mail]
John Wade Carpenter [e-mail]
Marc N. Bernstein [e-mail]
Mark A. Grant [e-mail]
Martha Corcoran Luemers [e-mail]
Michael V. Solomita [e-mail]
Nicholas A Brown [e-mail]
Paul Thomas Meiklejohn [e-mail]
Robert Walker Adams [e-mail]
Updeep S. Gill [e-mail]
Vincent Joseph Belusko [e-mail]
Virginia A. Crisp [e-mail]
Will Barnett Fitton [e-mail]
Will Barnett Fitton [e-mail]
William Paul Schuck [e-mail]

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Dated: November 15, 2011
For the Northern District of California

United States District Court

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Richard W. Wieking, Clerk

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By:

/s/ JW Chambers
Susan Imbriani
Courtroom Deputy