Viacom International, Inc v. Baca et al

Filing 14

ORDER by Magistrate Judge Kevin R. Sweazea granting 12 Motion For Substituted Service (cbf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
VIACOM INTERNATIONAL INC.,
Plaintiff,
v.

Cause No. 2:18-cv-00112-SMV-KRS

MARC ANTHONY BACA and
GUARDIAN ANTI-BULLYING CAMPAIGN, INC.,
Defendants.
ORDER GRANTING VIACOM INTERNATIONAL INC.’S MOTION FOR
SUBSTITUTED SERVICE
THIS MATTER having come before the Court upon Plaintiff Viacom
International Inc.’s (“Viacom”) Motion for Substituted Service (“Motion”) (Doc. 12),
and the Court being fully advised in the premises, finds that the Motion is well taken
and shall be granted.
IT IS, THEREFORE, ORDERED that Viacom shall achieve service on
Defendants through the following combination of methods, which the Court deems
sufficient to accomplish the goal of ensuring that Defendants have been fully informed of the
pending litigation and the claims described in Viacom’s Complaint and an opportunity to defend
against those claims as required by NMRA 1-004:
a. Service by email at the email address that Defendants previously have used to
communicate with Viacom’s counsel.
b. Service by publication in the Eastern New Mexico News, the Los Angeles
Times, and the Crestview News Bulletin, papers of general circulation in the
areas where Defendant Baca has claimed to reside. Plaintiff shall use a
notice that substantially complies with the form of notice attached as Exhibit
5 to the Motion.

c. Service by first class mail to all known addresses for Defendant Baca and
Defendant GABC, as reflected in the Motion.
d. Service by first-class mail on Defendant Baca’s mother, Lucy Mondragon, at
113 La Salle Drive in Clovis, New Mexico.
e. Service by first-class mail on Charla Hicks at 4269 Antioch Road, Crestview,
FL 32536.
f. Notice by text message at the phone number that Defendants have previously
used to communicate with Viacom’s counsel to alert Defendants that service
has been accomplished through the methods described in items a–e, above.
IT IS SO ORDERED.

___________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE

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SUBMITTED BY:
MODRALL, SPERLING, ROEHL, HARRIS
& SISK, P.A.
By: /s/ Jennifer G. Anderson
Jennifer G. Anderson
Megan T. Muirhead
Jeremy K. Harrison
Attorneys for Plaintiff Viacom
P. O. Box 2168
Albuquerque, New Mexico 87103-2168
Telephone: [phone]
and
Susan J. Kohlmann
Alison I. Stein
Brittany R. Lamb
Attorneys for Plaintiff Viacom
Jenner & Block, LLP
919 Third Avenue
New York, NY 10022-3908
Telephone: [phone]

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