J&J Sports Productions, Inc v. Diep

Filing 19

ORDER RE: SERVICE OF SUMMONS AND COMPLAINT. Signed by Magistrate Judge Jacqueline Scott Corley on 4/16/2012. (ahm, COURT STAFF) (Filed on 4/16/2012)

Download PDF
1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 Northern District of California United States District Court 11 12 J & J SPORTS PRODUCTIONS, INC., 13 14 Plaintiff, Case No.: 11-5470 YGR (JSC) ORDER RE: SERVICE OF SUMMONS AND COMPLAINT v. 15 16 17 CUONG THE DIEP, individually, and d.b.a. LANG THANG, Defendant. 18 19 20 Plaintiff’s Motion for Default Judgment (Dkt. No. 15) was referred to the undersigned 21 for a report and recommendation. The Court has reviewed Plaintiff’s motion and the record 22 in this action and finds that Plaintiff has not established proper service of the Summons and 23 Complaint. 24 A court is required to “assess the adequacy of the service of process on the party 25 against whom default is requested.” Board of Trustees of the N. Cal. Sheet Metal Workers v. 26 Peters, No. 00–0395, 2000 U.S. Dist. LEXIS 19065, at *2 (N.D. Cal. Jan. 2, 2001). Federal 27 Rule of Civil Procedure 4(e) provides that an individual may be served either by delivering a 28 copy of the summons and complaint to the individual personally or in accordance with 1 California law. Under California law, if personal service of the summons and complaint 2 cannot be accomplished with reasonable diligence, then substituted service is proper. See 3 Cal. Code Civ. Proc. § 415.20(b). 4 Here, Plaintiff has submitted a declaration from a process server indicating that 5 substituted service was made on Dalena Nguyen the “Person in Charge” at Lang Thang, on 6 January 5, 2012. However, the declaration does not include any information regarding 7 whether Plaintiff used reasonable diligence to personally serve Defendant – frequently known 8 as the “Declaration Regarding Diligence.” See Dkt. No. 9. Within 7 days after the filing of 9 this Order, Plaintiff shall submit proof of reasonable diligence with respect to service of the 10 Northern District of California United States District Court 11 Summons and Complaint in this action. IT IS SO ORDERED. 12 13 Dated: April 16, 2012 _________________________________ JACQUELINE SCOTT CORLEY UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?