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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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 ME2 PRODUCTIONS, INC., 8 9 10 Plaintiff, Case No. C17-0466RSL v. SIMON POULSON, et al., 11 ORDER PERMITTING SERVICE BY MAIL Defendants. 12 13 This matter comes before the Court on plaintiff’s “Renewed Motion to Permit 14 Alternative Mail Service or for Additional Time to Attempt Process Service.” Dkt. # 25. 15 Federal Rule of Procedure 4(e)(1) allows plaintiff to effect service “pursuant to the law of 16 the state in which the district is located.” Washington law authorizes service by mail upon 17 a showing that (a) defendant has made reasonably diligent efforts at personal service 18 (Rodriguez v. James-Jackson, 127 Wn. App. 139, 140 (2005)), and (b) defendant resides 19 in the state but has concealed herself in order to avoid service of process (RCW 20 4.28.100(4)). 21 Plaintiff has made multiple unsuccessful attempts to personally serve defendant 22 Pamila Khounmany. There is evidence that the named defendant resides at, or is 23 associated with, the address identified by the ISP and used by the process server. In 24 addition, residents of the apartment have declined to respond to the door, the named 25 defendant has declined to contact the process server to arrange service, and it appears that 26 she is actively avoiding service. All of the prerequisites for allowing service by mail are ORDER PERMITTING SERVICE BY MAIL - 1 1 therefore satisfied, and there is reason to believe that service by mail will effectively 2 notify defendant of the claims against him. 3 4 Plaintiff’s motion is GRANTED. Plaintiff may, therefore, accomplish service by 5 depositing copies of the summons, complaint, and this Order in the United States Post 6 Office directed to defendant Khounmany at her address. 7 8 Dated this 7th day of July, 2017. 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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