Weiner et al v. Original Talk Radio Network Inc.

Filing 93

ORDER FOR SERVICE OF PROCESS BY REGISTERED PROCESS SERVER re 92 REQUEST for Service of Process by Registered Process Server filed by Michael A. Weiner. Signed by Judge Yvonne Gonzalez Rogers on 11/18/15. (fs, COURT STAFF) (Filed on 11/18/2015)

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1 2 3 4 5 MARTIN B. GREENBAUM – CSB No. 45268 GREENBAUM LAW GROUP LLP 840 Newport Center Drive, Suite 720 Newport Beach, CA 92660 Telephone: (949) 760-1400 Facsimile: (949) 760-1300 Attorneys for Plaintiffs/Judgment Creditors 6 7 8 9 10 11 12 13 14 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) CASE NO. 10-CV-05785 YGR DR. MICHAEL A. WEINER, et al., ) ) REQUEST AND [PROPOSED] ORDER FOR Plaintiffs, ) SERVICE OF PROCESS BY REGISTERED vs. ) PROCESS SERVER ORIGINAL TALK RADIO ) NETWORK, INC., etc., ) [Rules 4.1(a) and 49 of the Federal Rules of Civil ) Procedure] Defendant. ) _______________________________ ) [No Hearing Required] 16 17 MARTIN B. GREENBAUM, declares: 18 1. I am an attorney for the Plaintiffs/Judgment Creditors in this action. 19 2. Plaintiffs, DR. MICHAEL A. WEINER aka MICHAEL SAVAGE and SAVAGE 20 PRODUCTIONS, INC., pursuant to the provisions of Rules 69, 4.1(a) and 49 of the Federal 21 Rules of Civil Procedure, request that a Registered Process Server be appointed and authorized 22 to act on behalf of the U.S. Marshal. 23 24 25 26 27 28 3. FRCP Rule 69 provides as follows: FRCP Rule 69. Execution (a) IN GENERAL. (1) Money Judgment; Applicable Procedure. A money judgment is enforced by a Writ of execution, unless the court directs otherwise. The procedure on execution—and in proceedings supplementary to and in aid of judgment or execution—must accord with the procedure of the state where the court is located, but a federal statute governs to the extent it applies. _____________________________________________________________________________ REQUEST AND ORDER FOR SERVICE OF PROCESS BY REGISTERED PROCESS SERVER 1 2 4. Plaintiff has obtained a Writ of Execution from the U.S. District Court Clerk. A true and correct copy is attached as Exhibit A. 3 5. The State Court procedure is to have the Sheriff of the County to which the Writ 4 of Execution is issued serve the Writ on the party subject to service. However the Sheriff of the 5 County in California will not serve a Writ of Execution unless issued by the Clerk of a Superior 6 Court of California. This means that the Sheriff will not serve or levy a Writ of Execution 7 issued from a Federal court. 6. 8 9 The method of levy is to have the U.S. Marshal serve the Writ of Execution instead of the Sheriff in the County. However the U.S. Marshal does not serve Writs of 10 Execution and requires Judgment Creditors to have a private registered process server appointed 11 to do the physical tasks of going to the location and serving the Writ, all on behalf of the U.S. 12 Marshal. 13 7. We have been advised that the San Francisco U.S. Marshal requires a court order 14 that the private process server be allowed to act in its name even though there is no other 15 alternative. 8. 16 This request is made to comply with the requirements of the U.S. Marshal’s 17 Office for a Court Order allowing a Private Registered Process Server to physically carry the 18 documents for service and report back to the U.S. Marshal’s office directly. The U.S. Marshal’s 19 Office will remain the levying officer. 9. 20 The attorney service used by Plaintiff/Judgment Creditor’s attorney is ABC 21 Legal Services, Inc., who has experience in service of Federal Writs of Execution. Its process 22 servers are at least 18 years of age, of suitable discretion, and are not a party to the within 23 action. 24 10. It is respectfully requested that ABC Legal Services, Inc., who has experience in 25 service of Federal Writs of Execution and whose process servers are at least 18 years of age, of 26 suitable discretion and are not a party to the within action, be authorized and appointed to serve 27 the Writs in the above case. The U.S. Marshal’s Office will remain the levying officer. 28 _____________________________________________________________________________ REQUEST AND ORDER FOR SERVICE OF PROCESS BY REGISTERED PROCESS SERVER 1 2 I declare under penalty of perjury that the foregoing is true and correct. Executed on November 11, 2015 at Newport Beach, California 3 _________________________________________ ( signature on Dkt. No. 92) MARTIN B. GREENBAUM Attorney for Judgment Creditor 4 5 6 7 IT IS ORDERED that ABC Legal Services, Inc., as a registered process server and using 8 an employee who is at least 18 years of age, of suitable discretion, and not a party to the within 9 action, be authorized and appointed to serve the Writs in the above case. The U.S. Marshal’s 10 11 Office will remain the levying officer. This Order terminates Docket Number 92. 12 13 14 Dated: November 1 , 2015 __________________________________ YVONNE GONZALEZ ROGERS United States District Court Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _____________________________________________________________________________ REQUEST AND ORDER FOR SERVICE OF PROCESS BY REGISTERED PROCESS SERVER

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