Malmquist v. Malmquist et al

Filing 41

ORDER re 38 Motion for Alternate Service. Signed by Judge James Donato on 12/14/2018. (jdlc1S, COURT STAFF) (Filed on 12/14/2018)

1
2

UNITED STATES DISTRICT COURT

3

NORTHERN DISTRICT OF CALIFORNIA

4
5

DANIELLE MALMQUIST,
Plaintiff,

6
7
8
9

Case No.17-cv-04831-JD
ORDER RE ALTERNATE SERVICE

v.

Re: Dkt. No. 38
SHEM MALMQUIST, et al.,
Defendants.

10

United States District Court
Northern District of California

11

Pro se plaintiff Danielle Malmquist has sued Shem and Meredith Malmquist

12

(“defendants”), her ex-husband and his current wife, for defamation. The complaint alleges that

13

defendants posted online a number of unflattering comments about Malmquist in connection with

14

a “bitter and nasty divorce” from Shem. Dkt. No. 1 at 5. The case has been stalled for some time

15

now at the service stage after Malmquist made several unsuccessful attempts to serve defendants.

16

She asks to serve them by alternate means. Dkt. No. 38.

17

Malmquist has described a number of undue problems in effecting service. This includes

18

problems trying to serve Shem Malmquist in Tennessee, and at a gated community in Florida. She

19

also says personal service at Shem Malmquist’s job at an airport is impossible due to “security

20

measures.” Dkt. No. 16 at 3.

21

There is no dispute that defendants know about the lawsuit. See, e.g., Dkt. Nos. 13-1 ¶ 12;

22

13-2 ¶ 7. Nevertheless, they have filed several requests to quash service. In their most recent

23

motion to quash, defendants acknowledge that they were served but maintain that the summons

24

was defective. Dkt. No. 23 at 9. While the service issues have unfolded, the parties have also

25

filed a barrage of other motions, including a request for an injunction, and a Rule 11 motion. See,

26

e.g., Dkt. Nos. 23, 25, 27, 29.

27
28

In response to all of this, the Court concluded that service “appears to have been more than
typically problematic,” invited plaintiff to file a proposal for alternative service, and gave

1

defendants an opportunity to file any objections. Dkt. No. 37. In the interim, the Court terminated

2

all pending motions without prejudice. Id.

3

Plaintiff now proposes to serve defendants by alternate means, including by emailing their

4

attorneys. Dkt. No. 38. Defendants consent to email service on their attorneys. Dkt. No. 40 at 2.

5

That settles the matter, and service is order via that channel for all filings in this action.

6
7

IT IS SO ORDERED.
Dated: December 14, 2018

8
9
JAMES DONATO
United States District Judge

10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2