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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ME2 PRODUCTIONS, INC.,

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Plaintiff,
Case No. C17-0182RSL
v.

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DYLAN BOGERT, et al.,

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ORDER PERMITTING SERVICE
BY MAIL

Defendants.

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This matter comes before the Court on plaintiff’s “Motion to Permit Alternative

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Mail Service or for Additional Time to Attempt Process Service.” Dkt. # 36. Federal Rule

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of Procedure 4(e)(1) allows plaintiff to effect service “pursuant to the law of the state in

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which the district is located.” Washington law authorizes service by mail upon a showing

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that (a) defendant has made reasonably diligent efforts at personal service (Rodriguez v.

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James-Jackson, 127 Wn. App. 139, 140 (2005)), and (b) defendant resides in the state but

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has concealed herself in order to avoid service of process (RCW 4.28.100(4)).

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Plaintiff has made multiple unsuccessful attempts to personally serve defendants

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Barbara Whalen and Claudia Fodor. On at least one attempt for each defendant, there is

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evidence from which one could reasonably conclude that the residence was occupied but

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that the residents refused to answer the door. A review of public records shows that the

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named defendants reside at, or are associated with, the addresses identified by the ISP and

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used by the process server. All of the prerequisites for allowing service by mail are

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therefore satisfied, and there is reason to believe that service by mail will effectively
ORDER PERMITTING SERVICE BY MAIL - 1

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notify defendants of the claims against them.

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Plaintiff’s motion is GRANTED. Plaintiff may, therefore, accomplish service by

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depositing copies of the summons, complaint, and this Order in the United States Post

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Office directed to defendants Whalen and Fodor at their respective addresses.

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Dated this 9th day of June, 2017.

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A

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Robert S. Lasnik
United States District Judge

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ORDER PERMITTING SERVICE BY MAIL - 2