ME2 Productions, Inc v. Doe 1 et al

Filing 40

ORDER granting Plaintiff's 36 Motion to Permit Alternative Mail Service, signed by Judge Robert S. Lasnik. (SWT) (cc: Defendant Josh Kinne via USPS)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 ME2 PRODUCTIONS, INC., 8 9 Plaintiff, Case No. C17-0182RSL v. 10 DYLAN BOGERT, et al., 11 ORDER PERMITTING SERVICE BY MAIL Defendants. 12 13 This matter comes before the Court on plaintiff’s “Motion to Permit Alternative 14 Mail Service or for Additional Time to Attempt Process Service.” Dkt. # 36. Federal Rule 15 of Procedure 4(e)(1) allows plaintiff to effect service “pursuant to the law of the state in 16 which the district is located.” Washington law authorizes service by mail upon a showing 17 that (a) defendant has made reasonably diligent efforts at personal service (Rodriguez v. 18 James-Jackson, 127 Wn. App. 139, 140 (2005)), and (b) defendant resides in the state but 19 has concealed herself in order to avoid service of process (RCW 4.28.100(4)). 20 Plaintiff has made multiple unsuccessful attempts to personally serve defendants 21 Barbara Whalen and Claudia Fodor. On at least one attempt for each defendant, there is 22 evidence from which one could reasonably conclude that the residence was occupied but 23 that the residents refused to answer the door. A review of public records shows that the 24 named defendants reside at, or are associated with, the addresses identified by the ISP and 25 used by the process server. All of the prerequisites for allowing service by mail are 26 therefore satisfied, and there is reason to believe that service by mail will effectively ORDER PERMITTING SERVICE BY MAIL - 1 1 notify defendants of the claims against them. 2 3 Plaintiff’s motion is GRANTED. Plaintiff may, therefore, accomplish service by 4 depositing copies of the summons, complaint, and this Order in the United States Post 5 Office directed to defendants Whalen and Fodor at their respective addresses. 6 7 Dated this 9th day of June, 2017. 8 A 9 Robert S. Lasnik United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER PERMITTING SERVICE BY MAIL - 2

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