Miller v. Chevron Corporation

Filing 6

ORDER by Judge Hamilton denying 5 Request for Order for Service of Process (pjhlc2, COURT STAFF) (Filed on 12/5/2012)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 GEORGE L. MILLER, CHAPTER 7 TRUSTEE FOR THE ESTATE OF WL HOMES, LLC, No. C 12-80218 MISC PJH 9 Plaintiff, ORDER DENYING REQUEST FOR SERVICE OF PROCESS v. 11 For the Northern District of California United States District Court 10 CHEVRON CORPORATION, 12 13 Defendant. _______________________________/ 14 15 Plaintiff George L. Miller (“plaintiff”) holds a money judgment entered on November 16 16, 2011 against defendant Chevron Corporation (“defendant”) in the U.S. Bankruptcy 17 Court for the District of Delaware. That judgment is registered in this court in the above- 18 captioned matter. 19 Plaintiff has filed a request for an order appointing his selected registered process 20 server to serve the writ of execution. Plaintiff requests that registered process server 21 American Legal Support Services, Inc. be “authorized and appointed to serve the writs in 22 the above case.” Dkt. 5-1 at 1. 23 Plaintiff effectively may serve the writ without appointment of a particular process 24 server by operation of state law provisions for enforcement of judgment, which provide that 25 “any registered process server’ may serve the writ of execution. Cal. Code Civ. Proc. 26 § 699.510. Further, any order appointing a particular process server may create a false 27 sense of imprimatur by the court. For these reasons, plaintiff’s request is DENIED. 28 1 2 IT IS SO ORDERED. 3 Dated: December 5, 2012 4 ______________________________ PHYLLIS J. HAMILTON United States District Judge 5 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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