Loop AI Labs, Inc. v. Gatti et al

Filing 20

ORDER REGARDING SERVICE OF DEFENDANTS RE 14 , 19 . Signed by Judge Haywood S. Gilliam, Jr. on 3/6/2015. (ndr, COURT STAFF) (Filed on 3/6/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LOOP AI LABS INC,

Case No. 15-cv-00798-HSG

Plaintiff,
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ORDER REGARDING SERVICE OF
DEFENDANTS

v.
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ANNA GATTI, et al.,

Re: Dkt. Nos. 14 and 19

Defendants.

United States District Court
Northern District of California

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On March 5, 2015, Plaintiff Loop AI Labs, Inc. informed the Court that Plaintiff’s counsel

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contacted attorney Richard E. Levine to determine if he would accept service of the documents

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filed under docket numbers 9 through 12 on behalf of Defendant Gatti, and that Mr. Levine stated

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that he was not authorized to do so. See Dkt. Nos. 14 and 19. Plaintiff’s submission to the Court

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also reported that it was unable to serve Defendant IQSystem Inc. due to inclement weather in

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Delaware. See Dkt. No. 14. Plaintiff’s requested to serve both Defendants by email. Id.

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Plaintiff’s request to serve Defendants Gatti and IQSystem Inc. by email is DENIED.

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Rule 4(f)(3) of the Federal Rules of Civil Procedure permits email service on defendants in a

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foreign country in appropriate circumstances. See D.Light Design, Inc. v. Boxin Solar Co., Ltd.,

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2015 WL 526835 (N.D. Cal. Feb. 6, 2015) (permitting email service on defendants in China where

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email service was reasonably calculated to provide actual notice under the circumstances and

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where email service was not prohibited by international agreement). Rule 4(f)(3) does not apply

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to defendants located in the United States.

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Plaintiff is directed to make all reasonable efforts to immediately serve the documents filed

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under docket numbers 9 through 12 on all unserved defendants in this action in a manner

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compliant with Rule 4 of the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 4(e).

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Plaintiff’s efforts should continue up to and including Defendants’ March 9, 2015 deadline to

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oppose Plaintiff’s Motion. See Dkt. No. 12.
In addition, Plaintiff is directed to email the documents filed under docket numbers 9

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through 12, along with this Order (Dkt. No. 20), to Richard E. Levine and Tom Losavio. Mr.

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Levine and Mr. Losavio are ORDERED to immediately forward those documents by email to

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Defendant Gatti.

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IT IS SO ORDERED.
Dated: March 6, 2015
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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