ME2 Productions, Inc v. Doe 1 et al

Filing 31

ORDER granting Plaintiff's 29 Motion to Permit Alternative Mail Service or for Additional Time to Attempt Process Service, signed by Judge Robert S. Lasnik. (SWT)

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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 10 11 Plaintiff, Case No. C17-0250RSL v. RUNGTHIP SUWANCHOTE, et al., 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. # 29. 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 defendant 21 Brenden Peterson. There is evidence that the named defendant resides at, or is associated 22 with, the address identified by the ISP and used by the process server. In addition, the 23 named defendant has declined to respond to a voice message or call the process server at 24 the number provided. All of the prerequisites for allowing service by mail are therefore 25 satisfied, and there is reason to believe that service by mail will effectively notify 26 defendant of the claims against him. ORDER PERMITTING SERVICE BY MAIL - 1 1 Plaintiff’s motion is GRANTED. Plaintiff may, therefore, accomplish service by 2 depositing copies of the summons, complaint, and this Order in the United States Post 3 Office directed to defendant Peterson at his address. 4 5 Dated this 21st day of June, 2017. 6 A 7 Robert S. Lasnik United States District Judge 8 9 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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