Grammer Industries, Incorporated v. Beach Mold & Tool, Inc.

Filing 74

ORDER GRANTING PLAINTIFF'S 62 Motion for Alternate Service - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GRAMMAR INDUSTRIES, INC.,
Plaintiff,

No. 15-12694

v.

District Judge Paul D. Borman
Magistrate Judge R. Steven Whalen

BEACH MOLD AND TOOL, INC.,
ET AL.,
Defendants.
/
ORDER
Before the Court is Plaintiff Grammar Industries, Inc.’s Motion for Order
Permitting Alternative Service and for Leave to Amend Complaint [Doc. #62]. Plaintiff,
as well as Defendants Beach Mold and Tool, Inc. and American Industrial Acquisition
Corporation (“AIAC”), d/b/a iP3 Plastics Mexico, appeared for oral argument, through
counsel, on November 22, 2016, and while the parties had some differences with regard
to the the factual and procedural underpinnings of this case, there was no disagreement as
to the relief requested in this motion. Moreover, this Court is persuaded that given the
alleged sale of the assets of presently unserved Defendant BeachMold Mexico, S. de R.L.
de C.V. (“BeachMold Mexico”), permitting Plaintiff to file a third amended complaint is
appropriate. In addition, alternative service of BeachMold Mexico upon Defendant AIAC
is reasonably calculated to give BeachMold Mexico actual notice.
Accordingly, Plaintiff’s motion [Doc. #62] is GRANTED. Plaintiff will file its
third amended complaint within 14 days of the date of this Order.
Plaintiff’s request for alternative service is GRANTED. Plaintiff may serve
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BeachMold Mexico by effecting service on Defendant AIAC. This service is without
prejudice to BeachMold Mexico’s right to challenge personal jurisdiction.
IT IS SO ORDERED.

s/ R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: November 28, 2016
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record
on November 28, 2016, electronically and/or by U.S. mail.
s/Carolyn M. Ciesla
Case Manager to the
Honorable R. Steven Whalen

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