Choice Hotels International, Inc. v. Penta Hospitality, LLC

Filing 10

ORDER RE SERVICE OF TARUN S. PATEL. Signed by Judge Alsup on June 1, 2014. (whalc1, COURT STAFF) (Filed on 7/2/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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CHOICE HOTELS INTERNATIONAL,
INC.,
Plaintiff,

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v.
PENTA HOSPITALITY LLC and
TARUN S. PATEL,

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ORDER RE SERVICE OF TARUN
S. PATEL

Defendants.
/

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No. 13-80275 WHA

In November 2011, Choice Hotels International, Inc. obtained an arbitration award.

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The “ex-parte award of arbitrator” stated that “Respondents, notwithstanding due notice, did not

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appear.” Respondents were Penta Hospitality, LLC, Mukesh J. Mowji, Tarun S. Patel, and Anil

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R. Patel.

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In March 2012, Choice Hotels filed a petition to confirm the arbitration award in

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Maryland. Choice Hotels International, Inc. v. Penta Hospitality, LLC, et al.,

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No. 8:12-cv-00734-JFM (D. Md. Mar. 8, 2012) (Judge J. Frederick Motz). Choice Hotels then

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dismissed without prejudice defendants Mukesh Mowji and Anil Patel (Dkt. Nos. 5, 8).

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On July 17, 2012, the Clerk entered default against Penta Hospitality, LLC and
Tarun Patel. On July 23, 2012, default judgment was entered (Dkt. Nos. 9, 10).

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In November 2013, Choice Hotels registered the default judgment here. Choice Hotels

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International, Inc. v. Penta Hospitality, LLC, et al., No. 3:13-mc-80275-WHA

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(N.D. Cal. Nov. 29, 2013).

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In April 2014, Choice Hotels filed a motion for assignment order seeking (Dkt. No. 2):
an order assigning to Plaintiff / Judgment Creditor Choice Hotels
International Inc. the interest, if any, of Defendant / Judgment
Debtor Tarun S. Patel in his rights to payment of money due or to
become due, whether styled accounts receivable, general
intangibles, accounts, deposit accounts, royalties, fees,
commissions, or otherwise, from his business activities involving
Pracrea Inc. [Entity No. C3358553], 1735 North 1st Street, Suite
312, San Jose, California, 951121, to the extent necessary to
satisfy the judgment entered in this action in full, which as of
May 29, 2014, is $112,982.47.

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recommending that Choice Hotels’ motion be granted (Dkt. No. 7). No objection was filed.
For the Northern District of California

United States District Court

No opposition or response was filed. On June 16, Magistrate Judge Laurel Beeler issued a report
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By JULY 11, Choice Hotels shall make a good-faith effort to personally serve Tarun S.
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Patel and the agent of service of process for Pracrea Inc. with this order and docket numbers 2
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and 7. This order should be the first document on top. Within two calendar days of service (or a
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good-faith service attempt), Choice Hotels shall file appropriate declarations detailing the
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service attempt. Plaintiff shall also candidly state any other motions expected to be filed.
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Tarun S. Patel and Pracrea Inc. have until JULY 25 to file a written response with the
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Court. Defendants should also be aware of Choice Hotels International, Inc. v. Penta Denver,
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LLC, et al., No. 3:13-mc-80249-WHA (N.D. Cal. Nov. 7, 2013) (Dkt. Nos. 13, 28).
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IT IS SO ORDERED.
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Dated: July 1, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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