Trustees on Behalf of Teamsters Benefit Trust v. Armagost et al

Filing 14

AMENDED ORDER for Publication of Summons and Complaint. Signed by Judge Maria-Elena James on 10/3/2012. (cdnS, COURT STAFF) (Filed on 10/3/2012)

PETER M. MCENTEE, SBN 252075
BEESON, TAYER & BODINE, APC
520 Capitol Mall, Suite 300
Sacramento, CA 95814-4714
Telephone: [phone]
Facsimile:
[phone]
[e-mail]
Email:
Attorneys for Plaintiff
TEAMSTERS BENEFIT TRUST

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
TEAMSTERS BENEFIT TRUST,

Case No. CV-12-2587 MEJ
Plaintiff,

v.
DAVID AND TINA ARMAGOST,

AMENDED [PROPOSED] ORDER FOR
PUBLICATION OF SUMMONS AND
COMPLAINT [WITHOUT
ATTACHMENTS] - [ADDING TWO
PUBLICATIONS]

Defendants.
This Court has read and considered the application of Plaintiff Teamsters Benefit Trust for an
order directing service of the summons on defendants David and Tina Armagost by publication, and
the evidence presented in support of this application, and it appears to the satisfaction of the court
that defendants David and Tina Armagost cannot be served with reasonable diligence in any other
manner set forth in Code of Civil Procedure section 415.10 through 415.30. The Court also finds that
plaintiff has stated facts sufficient to constitute a cause of action against defendants David and Tina
Armagost.
THEREFORE, IT IS ORDERED that:
Service of the summons in this action on defendants David and Tina Armagost shall be
accomplished by publication in the Oakland Tribune, The Hayward Daily Review and the Tri-Valley
Herald, newspapers published in the State of California, which circulate in the areas of the last known
addresses of Defendants and designated as the newspapers most likely to give actual notice to the
defendants.
1
[PROPOSED] ORDER FOR PUBLICATION
OF SUMMONS AND COMPLAINT
Case No. CV-12-2587 MEJ

291284.doc

1
2
3

The publication shall be made once a week for four weeks, or any longer period as required
by the Court.
If defendant's addresse(s) are ascertained prior to the expiration of the time prescribed for

4

publication of the summons, a copy of the summons, complaint, related court orders and a copy of

5

the order for publication shall immediately be mailed to defendants.

6

This order does not preclude service upon defendants David and Tina Armagost in any other

7

manner specified in Code of Civil Procedure sections 415.10 through 415.30, which service

8

supersedes the service by publication.

9

IT IS SO ORDERED:

10
11

DATED

October 3, 2012

BY:
THE HONORABLE MARIA-ELENA JAMES
U.S. Magistrate Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2
[PROPOSED] ORDER FOR PUBLICATION
OF SUMMONS AND COMPLAINT
Case No. CV-12-2587 MEJ

291284.doc