Crosthwaite et al v. Aposhian Excavating Company, Inc.

Filing 18

ORDER by Judge Thelton E. Henderson denying 15 Ex Parte Application for Publication of Summons (tehlc2, COURT STAFF) (Filed on 7/17/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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F.G. CROSTHWAITE, et al.,

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Plaintiffs,
v.
APOSHIAN EXCAVATING
COMPANY INC., a Utah Corporation,

NO. C13-0363 TEH
ORDER DENYING PLAINTIFFS’
EX PARTE APPLICATION FOR
ORDER FOR PUBLICATION OF
SUMMONS

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Defendant.
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For the Northern District of California

United States District Court

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Presently before the Court is Plaintiffs’ Ex Parte Application for an Order for

14 Publication of Summons in the Salt Lake City Tribune. Under Rule 4(h) of the Federal Rules
15 of Civil Procedure, unless service is waived or a federal law provides otherwise, a domestic
16 corporation must be served either by personal service on an agent or “in the matter prescribed
17 by Rule 4(e)(1) for serving an individual.” Rule 4(e)(1) provides that an individual may be
18 served “following state law for serving a summons in an action brought in courts of general
19 jurisdiction in the state where the district court is located or where service is made.”
20 Accordingly, for the Court to grant Plaintiffs’ application for service of process by
21 publication, they must show that their proposed form of notice satisfies the requirements of
22 either California or Utah law. The proposed order does not satisfy the provisions of
23 California Code of Civil Procedure section 415.50(b) because it does not provide for
24 publication in a “named newspaper, published in [California].” In its current form, the
25 Application does not satisfy Utah Rule of Civil Procedure 4(d)(4) because it does not provide
26 sufficient information for the Court to determine whether the Salt Lake City Tribune is a
27 newspaper of “general circulation” as defined in section 45-1-201 of the Utah Code.
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Because Plaintiffs have not shown that their proposed notice satisfies the requirements

2 of either California or Utah law, their application is DENIED without prejudice to a future
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5 IT IS SO ORDERED.
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7 Dated: 07/17/2013
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT

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For the Northern District of California

United States District Court

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