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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ME2 PRODUCTIONS, INC.,

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Plaintiff,
Case No. C17-1221RSL
v.
MADALYNN ALEXANDER, et al.,

ORDER PERMITTING SERVICE
BY MAIL

Defendants.

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This matter comes before the Court on plaintiff’s “Motion to Permit Alternative

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Mail Service” on defendant Arthur Dyachk. Dkt. # 19. Federal Rule of Procedure 4(e)(1)

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allows plaintiff to effect service “pursuant to the law of the state in which the district is

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located.” Washington law authorizes service by mail upon a showing that (a) defendant

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has made reasonably diligent efforts at personal service (Rodriguez v. James-Jackson,

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127 Wn. App. 139, 140 (2005)), and (b) defendant resides in the state but has concealed

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herself in order to avoid service of process (RCW 4.28.100(4)).

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Plaintiff has made multiple unsuccessful attempts to personally serve Mr. Dyachk.

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There is evidence that the named defendant resides at, or is associated with, the address

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identified by the ISP and used by the process server. In addition, inhabitants of the

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apartment have repeatedly declined to respond to the door and it appears that Mr. Dyachk

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is actively avoiding service. All of the prerequisites for allowing service by mail are

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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.
ORDER PERMITTING SERVICE BY MAIL - 1

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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 Dyachk at his address.

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Dated this 19th day of October, 2017.

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A

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Robert S. Lasnik
United States District Judge

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ORDER PERMITTING SERVICE BY MAIL - 2