Princeton Developments, LLC v. Baylor et al

Filing 108

ORDER by Judge Claudia Wilken GRANTING PLAINTIFFS ( 102 in case 4:11-cv-04471-CW and 89 in case 4:11-cv-04472-CW) MOTION TO ALLOW SERVICE BY PUBLICATION UPON DEFENDANT DAWN JACKSON,ADDRESSING DEFENDANT MIA BALDASSARIS FAILURE TO ANSWER IN 11-4471 AND CONTINUING CASE MANAGEMENT CONFERENCE. (ndr, COURT STAFF) (Filed on 10/29/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PRINCETON DEVELOPMENTS, LLC,

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United States District Court
For the Northern District of California

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Plaintiff,
v.
BRYNEE K. BAYLOR; BAYLOR &
JACKSON, PLLC; THE MILAN GROUP,
INC.; FRANK LORENZO; GPH
HOLDINGS, LLC; and PATRICK LEWIS,
Defendants.
________________________________/

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KUMAN BANQUE, LLC,

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No. C 11-4471 CW
ORDER GRANTING
PLAINTIFFS’ MOTION
TO ALLOW SERVICE
BY PUBLICATION
UPON DEFENDANT
DAWN JACKSON
(Docket Nos. 102
in 11-4471 and 89
in 11-4472),
ADDRESSING
DEFENDANT MIA
BALDASSARI’S
FAILURE TO ANSWER
IN 11-4471 AND
CONTINUING CASE
MANAGEMENT
CONFERENCE
No. C 11-4472 CW

Plaintiff,
v.
BRYNEE K. BAYLOR; BAYLOR &
JACKSON, PLLC; THE MILAN GROUP,
INC.; and FRANK LORENZO,
Defendants.
________________________________/
On September 21, 2012, Plaintiffs Princeton Development, LLC

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and Kuman Banque, LLC moved this Court for an order allowing them
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an additional thirty days within which to effect service on Dawn
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Jackson.

The supporting declaration explained the prior efforts

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taken and the reason why Plaintiff believed that thirty days would
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be sufficient.

This Court granted the motion and set October 24,

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2012 as the last day on which Plaintiffs could serve Jackson.
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On October 22, 2012, Plaintiffs moved this Court for the

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second time for an order extending time for service and allowing

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them to accomplish service on Jackson by publication.1 In his

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supporting declaration, Harold Lloyd, Plaintiffs’ Maryland process

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server, described his nine attempts at Jackson’s home including a

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stakeout and his total inability, since September 10, 2012, to get

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her to come to the door so that he could drop the papers in her

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view.

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According to the First Amended Complaints (1ACs), Jackson is

United States District Court
For the Northern District of California

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an attorney and at the time of the alleged fraud and legal

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malpractice, the law partner of Brynee Baylor, another Defendant

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in this action.

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Jackson is taking extraordinary steps to avoid service and

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publication appears to be the only way to effect service.

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Based on Lloyd’s declaration, it appears that

Accordingly, for good cause shown, Plaintiffs’ joint motion

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is GRANTED (Docket Nos. 102 in 11-4471 and 89 in 11-4472).

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Plaintiffs shall complete service by publication pursuant to

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California law by no later than November 30, 2012 or the claims

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against Jackson will be dismissed.

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service upon Jackson no later than December 5, 2012.

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Plaintiffs shall file proof of

The Court hereby CONTINUES the October 31, 2012 further case
management conference to Wednesday, January 23, 2012, at 2:00 p.m.

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Plaintiffs are reminded that, pursuant to Civil Local Rule
5-1(g), they are required to submit their proposed orders in an
approved processing format, such as Word, Word Perfect or ASCII
text, to the Court’s proposed order email address,
[e-mail], in addition to filing their proposed
orders in PDF format in the docket of these cases.
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The Court notes that, after the Clerk entered default as to

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Defendant Mia Baldassari in the Princeton Developments action,

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Baldassari filed a motion for permission to appear by telephone at

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the case management conference in both of the above-captioned

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cases.

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default in the Princeton Developments action and that, if she

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wishes to defend the claims asserted against her in that case, she

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must make a motion to set aside the entry of default and show good

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cause to do so under Federal Rule of Civil Procedure 55(c).2

The Court informs Baldassari that she is currently in

If

United States District Court
For the Northern District of California

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Baldassari makes such a motion, she is ordered to file it within

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the next two weeks and notice it for hearing on Jan. 23, 2013 at 2

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p.m., and to attach to her motion her proposed answer to the 1AC

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in the Princeton Developments action.

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IT IS SO ORDERED.

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Dated:

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10/29/2012

CLAUDIA WILKEN
United States District Judge

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Baldassari has answered the operative complaint in the
Kuman Banque action. Docket No. 78 in 11-4472.
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