U.S. Bank National Association v. Sararo et al

Filing 77

ORDER granting 76 Plaintiff's Unopposed Motion for Leave to Serve by Publication. See Order for details. Signed by Magistrate Judge Carol Mirando on 2/14/2017. (HJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
U.S. BANK NATIONAL
ASSOCIATION, as Trustee Relating
to Chevy Chase Funding LLC
Mortgage Backed Certificates Series
2006-2
Plaintiff,
v.

Case No: 2:16-cv-733-FtM-99CM

CHRISTOPHER J. SARARO,
UNKNOWN SPOUSE OF
CHRISTOPHER J. SARARO,
ALFREDO J. SARARO, III ,
UNKNOWN SPOUSE OF
ALFREDO J. SARARO, III,
GRANDE EXCELSIOR AT THE
GRANDE PRESERVE
CONDOMINIUM ASSOCIATION,
INC., THE DUNES OF NAPLES
PROPERTY OWNERS
ASSOCIATION, INC., GRANDE
PRESERVE AT THE DUNES
COMMUNITY ASSOCIATION,
INC., CHICAGO TITLE
INSURANCE COMPANY, PNC
BANK, N.A., UNITED STATES OF
AMERICA DEPARTMENT OF
TREASURY, UNITED STATES
ATTORNEY, PARTIES IN
POSSESSION UNKNOWN
TENANT’35;1 and PARTIES IN
POSSESSION UNKNOWN
TENANT ’35;2,
Defendants.
ORDER

This matter comes before the Court upon review of Plaintiff's Unopposed
Motion for Leave to Serve by Publication (Doc. 76) filed on February 9, 2017.
Plaintiff seeks to serve Defendants Christopher J. Sararo (“Sararo”) and the
Unknown Spouse of Christopher J. Sararo n/k/a Summer Parham (“Parham”) by
publication.

Doc. 76.

This is a civil action to foreclose on residential real property located in Collier
County, Florida to satisfy a promissory note.

Doc. 46. Plaintiff alleges that Sararo

and Parham reside at 10950 Bloomfield Street, Penthouse 10, North Hollywood, CA,
but are concealing themselves to avoid personal service.

Doc. 76 at 2.

In support,

Plaintiff filed an Affidavit of Diligent Search and Inquiry in Support of Constructive
Service (“Affidavit”).

Doc. 72-1.

The Affidavit states that Plaintiff attempted

service multiple times at 285 Grande Way, Unit #604, Naples, FL 34110, which is the

Id. at 2.

property subject to this action.

Plaintiff served the property’s current

tenants, who stated that they do not know Sararo and Parham.

Id.

Plaintiff

alleges that it conducted a skip trace and discovered six addresses related to Sararo
and Parham. Id. at 2-3.

Plaintiff states that it attempted service at all of the six

addresses, including Sararo and Parhma’s alleged current residence in North
Hollywood, CA.

Id. at 3-4.

Plaintiff alleges that it unsuccessfully attempted

service numerous times at 10950 Bloomfield Street, Penthouse 10, North Hollywood,
CA over the course of four weeks.

Id. at 4. Plaintiff also details three (3) attempts

in Florida and four (4) attempts in California made by its retained process servers to
personally serve Sararo and Parham.

Doc. 72-2.

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Rule 4, Federal Rules of Civil Procedure, allows service upon an individual in
accordance with state law and upon a corporation in the same manner provided for
serving an individual. Fed. R. Civ. P. 4(e)(1), 4(h)(1). Florida law permits service
of process by publication in an action to enforce a lien on property located within the
jurisdiction of the Court.

Fla. Sta. § 49.011(1). When personal service cannot be

made after diligent efforts, Florida law provides for service by publication upon any
party.

Fla. Stat. § 49.021(1). In addition, in an action to enforce a lien on real or

personal property within the district, the Court may permit service by publication
“where personal service is not practicable.” 28 U.S.C. § 1655.
In accordance with section 49.041, Florida Statutes, Plaintiff provided the
Affidavit along with the various declarations of the process servers, which confirm
that the servers made multiple attempts to serve Sararo and Parham.
1, 72-2.

See Docs. 72-

Despite these efforts, the process servers were unable to effectuate service

of process upon Sararo and Parham.

See Doc. 72-2. Plaintiff has complied with

Florida and federal law regarding service by publication and demonstrated that
constructive service of process is necessary.

The Court finds good cause and will

permit service by publication upon Christopher J. Sararo and the Unknown Spouse
of Christopher J. Sararo n/k/a Summer Parham.

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ACCORDINGLY, it is hereby
ORDERED:
1.

Plaintiff's Unopposed Motion for Leave to Serve by Publication (Doc. 76)

is GRANTED.
2.

Service on Christopher J. Sararo and the Unknown Spouse of

Christopher J. Sararo n/k/a Summer Parham may be effected by publication under
federal and Florida law.
3.

Plaintiff shall have up to and including April 12, 2017 to serve by

publication Christopher J. Sararo and the Unknown Spouse of Christopher J. Sararo
n/k/a Summer Parham.
4.

The Clerk of Court shall issue the Notice of Action (Doc. 75).

5.

Plaintiff shall publish the Notice of Action once per week for six (6)

consecutive weeks in a newspaper of general circulation published in Collier County,
Florida.
DONE and ORDERED in Fort Myers, Florida on this 14th day of February,
2017.

Copies:
Counsel of record

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