Viacom International, Inc v. Baca et al

Filing 14

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

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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 2 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: 505.848.1800 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: 212.891.1622 C:\Users\nikkim\AppData\Local\Temp\iScrub\Email\1523024260\File0003.docx 3

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