Securities and Exchange Commission v. Berger et al

Filing 24

ORDER GRANTING 21 Ex Parte MOTION for Alternate Service and for Additional Time to Serve filed by Securities and Exchange Commission, 23 Supplemental Brief filed by Securities and Exchange Commission. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v.

Case No. 11-10403

GREGG M S BERGER, et al.,
Defendants.
/
ORDER GRANTING EX PARTE MOTION FOR ALTERNATIVE SERVICE
AND FOR ADDITIONAL TIME TO SERVE
On June 1, 2011, Plaintiff Securities Exchange Commission (“SEC”) filed an ex
parte motion for alternative service of Defendant XiaoQing Du and for additional time to
serve Defendant. The court granted additional time in its order of June 17, 2011, but
directed the SEC to file a supplemental exhibit showing an example of a similar notice in
situ within a newspaper. On June 24, 2011, the SEC filed a supplemental exhibit as
directed. However, the court remains concerned about the ability of the proposed
means of alternative service to give the requisite notice to Defendant. Specifically, the
court notes the contrast between the prominence of the name in the exemplar and
prominence of the section headings. Therefore, the court will grant the pending motion
with the direction that the name of Defendant be offset and sized similarly to the
formatting of “NEW YORK OFFICE SPACE NOW” in the column adjacent to the legal
notice in the submitted exemplar. (See Pl. Resp. Ex. A.) With that modification, the
court is convinced that service by the alternative method proposed will afford adequate
notice to Defendant. Accordingly,

IT IS ORDERED that the ex parte motion for alternative service and for additional
time to serve [Dkt. # 21] is GRANTED. Plaintiff is directed to serve Defendant
consistent with the motion and this order.
IT IS FURTHER ORDERED that the time for service is extended until August 31,
2011.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: June 29, 2011
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, June 29, 2011, by electronic and/or ordinary mail.

s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\C1 ORDERS\11-10403.BERGER.Stay.Alternative.Service.nkt.wpd

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