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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 CHOICE HOTELS INTERNATIONAL, INC., Plaintiff, 12 13 14 v. PENTA HOSPITALITY LLC and TARUN S. PATEL, 15 ORDER RE SERVICE OF TARUN S. PATEL Defendants. / 16 17 No. 13-80275 WHA In November 2011, Choice Hotels International, Inc. obtained an arbitration award. 18 The “ex-parte award of arbitrator” stated that “Respondents, notwithstanding due notice, did not 19 appear.” Respondents were Penta Hospitality, LLC, Mukesh J. Mowji, Tarun S. Patel, and Anil 20 R. Patel. 21 In March 2012, Choice Hotels filed a petition to confirm the arbitration award in 22 Maryland. Choice Hotels International, Inc. v. Penta Hospitality, LLC, et al., 23 No. 8:12-cv-00734-JFM (D. Md. Mar. 8, 2012) (Judge J. Frederick Motz). Choice Hotels then 24 dismissed without prejudice defendants Mukesh Mowji and Anil Patel (Dkt. Nos. 5, 8). 25 26 27 28 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). 1 In November 2013, Choice Hotels registered the default judgment here. Choice Hotels 2 International, Inc. v. Penta Hospitality, LLC, et al., No. 3:13-mc-80275-WHA 3 (N.D. Cal. Nov. 29, 2013). 4 5 6 7 8 9 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. 10 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 11 12 By JULY 11, Choice Hotels shall make a good-faith effort to personally serve Tarun S. 13 Patel and the agent of service of process for Pracrea Inc. with this order and docket numbers 2 14 and 7. This order should be the first document on top. Within two calendar days of service (or a 15 good-faith service attempt), Choice Hotels shall file appropriate declarations detailing the 16 service attempt. Plaintiff shall also candidly state any other motions expected to be filed. 17 Tarun S. Patel and Pracrea Inc. have until JULY 25 to file a written response with the 18 Court. Defendants should also be aware of Choice Hotels International, Inc. v. Penta Denver, 19 LLC, et al., No. 3:13-mc-80249-WHA (N.D. Cal. Nov. 7, 2013) (Dkt. Nos. 13, 28). 20 21 IT IS SO ORDERED. 22 23 Dated: July 1, 2014. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 24 25 26 27 28 2

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