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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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION NO. C 11-04223 JW Innovus Prime, LLC, 11 ORDER APPOINTING INTERNATIONAL PROCESS SERVER Plaintiff, v. For the Northern District of California United States District Court 10 12 LG Electronics, Inc., et al., 13 Defendants. 14 15 / Presently before the Court is Plaintiff’s Request for the Appointment of an International 16 Process Server.1 (See Docket Item No. 52.) Plaintiff contends that Defendant LG Electronics, Inc. 17 (“LG Electronics”) is “refusing to give its [United States] counsel the authority to accept service of 18 the Complaint on its behalf,” which requires Plaintiff to have Defendant LG Electronics served in 19 Korea. (Id. at 2.) 20 Chapter 1, Article 3 of the Convention on the Service Abroad of Judicial and Extrajudicial 21 Documents in Civil or Commercial Matters developed at the Tenth Session of the Hague Conference 22 on Private International Law on November 15, 1965 provides that the “authority or judicial officer 23 competent under the law of the State in which the documents originate shall forward to the Central 24 Authority of the State addressed a request conforming to the model annexed to the present 25 1 26 27 28 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). 1 Convention, without any requirement of legalization or other equivalent formality. The document to 2 be served or a copy thereof shall be annexed to the request. The request and the document shall both 3 be furnished in duplicate.” Hague Service Convention, art. 3, ch.1, Nov. 15, 1965, 20 U.S.T. 361. 4 Pursuant to the Hague Convention, a party may move a court to appoint an international process 5 server in order to serve a party outside the United States. See Allstate Ins. Co. v. Funai Corp., 249 6 F.R.D. 157, 160 (M.D. Pa. 2008). 7 Upon review, the Court finds good cause to appoint an international process server to serve 8 documents in this case upon Defendant LG Electronics in Korea. Accordingly, the Court GRANTS 9 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 11 For the Northern District of California United States District Court 10 this case upon Defendant LG Electronics. 12 13 14 Dated: November 15, 2011 JAMES WARE United States District Chief Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: 2 Christopher J. Cox Douglas F. Stewart John David Antoni John Wade Carpenter Marc N. Bernstein Mark A. Grant Martha Corcoran Luemers Michael V. Solomita Nicholas A Brown Paul Thomas Meiklejohn Robert Walker Adams Updeep S. Gill Vincent Joseph Belusko Virginia A. Crisp Will Barnett Fitton Will Barnett Fitton William Paul Schuck 3 4 5 6 7 8 9 11 Dated: November 15, 2011 For the Northern District of California United States District Court 10 Richard W. Wieking, Clerk 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: /s/ JW Chambers Susan Imbriani Courtroom Deputy

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