ME2 Productions Inc v. Alexander et al
ORDER granting Plaintiff's 19 Motion to Permit Alternative Mail Service, signed by Judge Robert S. Lasnik.(SWT)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
ME2 PRODUCTIONS, INC.,
Case No. C17-1221RSL
MADALYNN ALEXANDER, et al.,
ORDER PERMITTING SERVICE
This matter comes before the Court on plaintiff’s “Motion to Permit Alternative
Mail Service” on defendant Arthur Dyachk. Dkt. # 19. Federal Rule of Procedure 4(e)(1)
allows plaintiff to effect service “pursuant to the law of the state in which the district is
located.” Washington law authorizes service by mail upon a showing that (a) defendant
has made reasonably diligent efforts at personal service (Rodriguez v. James-Jackson,
127 Wn. App. 139, 140 (2005)), and (b) defendant resides in the state but has concealed
herself in order to avoid service of process (RCW 4.28.100(4)).
Plaintiff has made multiple unsuccessful attempts to personally serve Mr. Dyachk.
There is evidence that the named defendant resides at, or is associated with, the address
identified by the ISP and used by the process server. In addition, inhabitants of the
apartment have repeatedly declined to respond to the door and it appears that Mr. Dyachk
is actively avoiding service. All of the prerequisites for allowing service by mail are
therefore satisfied, and there is reason to believe that service by mail will effectively
notify defendant of the claims against him.
ORDER PERMITTING SERVICE BY MAIL - 1
Plaintiff’s motion is GRANTED. Plaintiff may, therefore, accomplish service by
depositing copies of the summons, complaint, and this Order in the United States Post
Office directed to defendant Dyachk at his address.
Dated this 19th day of October, 2017.
Robert S. Lasnik
United States District Judge
ORDER PERMITTING SERVICE BY MAIL - 2
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