Ally Bank et al v. Wells Fargo Bank, N.A.

Filing 372

ORDER by Judge Yvonne Gonzalez Rogers granting 360 Motion Authorizing Service on Defendant George Larsen by Electronic Mail. The hearing, set in error on 360 administrative motion, for April 16, 2013 is VACATED. The Compliance Hearing set for April 19, 2013 is VACATED. (Attachments: # 1 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 4/9/2013)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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ALLY BANK, FIDELITY NATIONAL TITLE
INSURANCE COMPANY, ET AL.,

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Plaintiffs,

Case No.: 11-CV-896 YGR
ORDER GRANTING MOTION AUTHORIZING
SERVICE ON DEFENDANT GEORGE LARSEN
BY ELECTRONIC MAIL

vs.

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JAMES C. CASTLE AKA J. CHRISTOPHER
CASTLE, ET AL.,

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Defendants.
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On March 7, 2013, Plaintiffs Fidelity National Title Insurance Company, Commonwealth

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Land Title Insurance Company, Ally Bank, Wesley W. Halihan, Gina L. Halihan, Dawn R. Carifi,

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Brian Phuong, Crichton Friedly, Janet N. Friedly, Chicago Title Insurance Company, Julian Massa

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And Alison Massa (“Plaintiffs”) and Cross-Claimants Magan Arthur And Joan Hangarter (“Cross-

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Claimants”) (collectively “Moving Parties”) filed their administrative Motion Authorizing Service by

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E-Mail or Publication on Defendant George Larsen. (Dkt. No. 360.) No opposition has been filed.

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The Court having carefully considered the documents and evidence on file in this matter, and

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the papers submitted and evidence in support of the Motion, GRANTS the Motion as stated herein.

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Because electronic mail appears to be the means most reasonably calculated to apprise Defendant

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George Larsen (“Larsen”) that he is a defendant in this lawsuit, service by electronic mail is

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appropriate. See Rio Properties, Inc. v. Rio Int’l Interlink, 284 F.3d 1007, 1018 (9th Cir. 2002) (it is

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within the district court’s discretion to balance the limitations of email service against its benefits in

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any particular case). Plaintiffs have made multiple attempts to determine Larsen’s current residence

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and business addresses, and have diligently attempted to serve process by conventional means

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without success. The evidence indicates that the electronic mail address provided has been

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confirmed recently to be operative and that e-mail sent to that address has been received by Larsen.

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Indeed, communication by electronic mail appears to be the only effective means of contacting this

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Defendant. Moreover, Larsen has demonstrated that he is aware of the pending lawsuit.

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United States District Court
Northern District of California

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Plaintiffs may serve the summons and operative complaint and Cross-Claimants may serve
their Cross-Claims on George Larsen by:
(1) serving a copy of this Order, along with the summons and complaint/cross-claim via email to [e-mail].
(2) by mailing an additional copy of this Order, along with the summons and
complaint/cross-claim to the post office address in Placer County as provided by George Larsen.

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The hearing, set in error on this administrative motion, for April 16, 2013, is VACATED.

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The compliance hearing set for April 19, 2013, is VACATED.

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This Order terminates Docket No. 360.

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IT IS SO ORDERED.
Dated: April 9, 2013

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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