Saarman v. Christensen et al

Filing 15

ORDER GRANTING SERVICE OF PROCESS BY FIRST CLASS MAIL granting plaintiff's 14 Motion for clarification on service of process and renewal of request to serve process by first class mail signed by U.S. District Judge John C Coughenour.(RS)

Download PDF
THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 ISSAC SAARMAN, 10 CASE NO. C17-0412-JCC Plaintiff, v. 11 ORDER GRANTING SERVICE OF PROCESS BY FIRST CLASS MAIL 12 13 14 15 LARRY CHRISTENSEN, in personam; THE F/V LYRA, Official Number 905075, her engines, machinery, appurtenances and cargo, in rem, Defendant. 16 17 18 This matter comes before the Court on Plaintiff’s motion for clarification on service of 19 process and renewal of request to serve process by first class mail (Dkt. No. 11). Having 20 thoroughly considered the relevant record, the Court hereby GRANTS the motion for the reasons 21 explained herein. 22 A plaintiff may, among other methods, serve a defendant located in the United States by 23 “following state law for serving a summons in an action brought in courts of general jurisdiction 24 in the state where the district court is located or where service is made.” Fed. R. Civ. P. 4(e)(1). 25 In Washington, alternative service by mail is permissible when the circumstances would justify 26 service by publication and the defendant is likely to receive actual notice. Wash. State Court ORDER GRANTING SERVICE OF PROCESS BY FIRST CLASS MAIL PAGE - 1 1 Civil Rule 4(d)(4). Service by publication is permitted under limited circumstances such as when 2 a defendant who is a resident of Washington “keeps himself concealed” within the state “with 3 intent to … to avoid the service of a summons[.]” Wash. Rev. Code § 4.28.100(2). Washington 4 courts have clarified that service by mail is permissible upon Washington residents when they 5 are attempting to evade service. Pascua v. Heil, 108 P.3d 1253, 1257 (Wash. App. 2005). 6 Plaintiff has made diligent efforts to serve Mr. Christensen at his Washington residence 7 and has sufficiently shown that Mr. Christensen is attempting to evade service of process. For the 8 foregoing reasons, Plaintiff’s renewed motion for leave to effect service of process by first class 9 mail (Dkt. No. 14) is GRANTED. Plaintiff shall follow the dictates of CR 4(d)(4) in attempting 10 11 service of process by first class mail. DATED this 19th day of September, 2017. A 12 13 14 John C. Coughenour UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 ORDER GRANTING SERVICE OF PROCESS BY FIRST CLASS MAIL PAGE - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?