ME2 Productions Inc v. Doe 1 et al

Filing 31

ORDER granting plaintiff's 29 Motion to Permit Alternative Service, signed by Judge Robert S. Lasnik.(SWT)

Download PDF
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. C17-1220RSL v. DAVID MATENDO, 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” on defendant John Chu. Dkt. # 19. Federal Rule of Procedure 4(e)(1) 15 allows plaintiff to effect service “pursuant to the law of the state in which the district is 16 located.” Washington law authorizes service by mail upon a showing that (a) defendant 17 has made reasonably diligent efforts at personal service (Rodriguez v. James-Jackson, 18 127 Wn. App. 139, 140 (2005)), and (b) defendant resides in the state but has concealed 19 herself in order to avoid service of process (RCW 4.28.100(4)). 20 Plaintiff has made multiple unsuccessful attempts to personally serve Mr. Chu. 21 There is evidence that the named defendant resides at, or is associated with, the address 22 identified by the ISP and used by the process server. In addition, inhabitants of the 23 apartment have repeatedly declined to respond to the door and it appears that Mr. Chu is 24 actively avoiding service. All of the prerequisites for allowing service by mail are 25 therefore satisfied, and there is reason to believe that service by mail will effectively 26 ORDER PERMITTING SERVICE BY MAIL - 1 1 notify defendant of the claims against him. 2 3 Plaintiff’s motion is GRANTED. Plaintiff may, therefore, accomplish service by 4 depositing copies of the summons, complaint, and this Order in the United States Post 5 Office directed to defendant Chu at his address. 6 7 Dated this 11th day of December, 2017. 8 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

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?