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)

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: [phone]
Facsimile: [phone]
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