ME2 Productions Inc v. Doe 1 et al

Filing 27

ORDER granting plaintiff's 25 Second Motion for Leave to Permit Alternative Service, signed by Judge Robert S. Lasnik. (SWT)

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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. C17-0466RSL
v.
SIMON POULSON, 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 “Renewed Motion to Permit

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Alternative Mail Service or for Additional Time to Attempt Process Service.” Dkt. # 25.

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

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the state in which the district is located.” Washington law authorizes service by mail upon

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a showing that (a) defendant has made reasonably diligent efforts at personal service

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(Rodriguez v. James-Jackson, 127 Wn. App. 139, 140 (2005)), and (b) defendant resides

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in the state but has concealed herself in order to avoid service of process (RCW

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4.28.100(4)).

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Plaintiff has made multiple unsuccessful attempts to personally serve defendant

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Pamila Khounmany. There is evidence that the named defendant resides at, or is

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associated with, the address identified by the ISP and used by the process server. In

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addition, residents of the apartment have declined to respond to the door, the named

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defendant has declined to contact the process server to arrange service, and it appears that

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she is actively avoiding service. All of the prerequisites for allowing service by mail are
ORDER PERMITTING SERVICE BY MAIL - 1

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therefore satisfied, and there is reason to believe that service by mail will effectively

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notify defendant of the claims against him.

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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 defendant Khounmany at her address.

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Dated this 7th day of July, 2017.

A

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Robert S. Lasnik
United States District Judge

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ORDER PERMITTING SERVICE BY MAIL - 2