ME2 Productions Inc v. Alexander et al

Filing 21

ORDER granting Plaintiff's 19 Motion to Permit Alternative Mail 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. C17-1221RSL v. MADALYNN ALEXANDER, 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 Arthur Dyachk. 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. Dyachk. 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. Dyachk 24 is 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 notify 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 Dyachk at his address. 4 5 Dated this 19th day of October, 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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