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)

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