Heatherly et al v. La Dora Liquors and Deli et al, No. 3:2011cv00805 - Document 6 (N.D. Cal. 2011)
Court Description: ORDER GRANTING re 5 Declaration in Support, filed by Irma Ramirez, Daren Heatherly for Additional Time for Plaintiffs to Serve Dft LDK Investors LLC. Signed by Judge Joseph C. Spero on 5/12/11. (klh, COURT STAFF) (Filed on 5/13/2011)
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Heatherly et al v. La Dora Liquors and Deli et al Doc. 6 Case3:11-cv-00805-JCS Document5 1 4 THOMAS E. FRANKOVICH (State Bar No. 074414) THOMAS E. FRANKOVICH, A Professional Law Corporation 4328 Redwood Hwy., Suite 300 San Rafael, CA 94903 Telephone: 415/674-8600 Facsimile: 415/674-9900 5 Filed05/10/11 Page1 of 15 Attorneys for plaintiffs 2 3 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 DAREN HEATHERLY and IRMA RAMIREZ, each an individual, ) ) ) Plaintiffs, ) ) v. ) ) ) LA DORA LIQUORS and DELI; LDK ) INVESTORS LLC, a California Limited ) Liability Company; and NARINDER S. ) ) MAROCK, an individual dba LA DORA ) LIQUORS and DELI, ) ) Defendants. ) ___________________________________ ) CASE NO. CV-11-0805-JCS DECLARATION OF THOMAS E. FRANKOVICH IN SUPPORT OF EX PARTE APPLICATION FOR ADDITIONAL TIME FOR PLAINTIFFS TO SERVE DEFENDANT LDK INVESTORS LLC; AND [PROPOSED] ORDER THEREON DECLARATION OF THOMAS E. FRANKOVICH IN SUPPORT OF EX PARTE 19 APPLICATION FOR ADDITIONAL TIME FOR PLAINTIFFS TO SERVE 20 DEFENDANT LDK INVESTORS LLC. 21 I, THOMAS E. FRANKOVICH, declare that I am an attorney duly licensed to practice in 22 this and all of the courts in the state of California and if called as a witness and duly sworn, I 23 would and could competently testify to the following based upon my own personal knowledge, 24 information and belief: 25 26 27 28 That I am the attorney for plaintiff DAREN HEATHERLY and plaintiff IRMA RAMIREZ. Plaintiff DAREN HEATHERLY and Plaintiff IRMA RAMIREZ filed this action on February 22, 2011. EX PARTE APPLICATION FOR ADDITIONAL TIME FOR PLAINTIFFS TO SERVE DEFENDANT LDK INVESTORS LLC; AND [PROPOSED] ORDER THEREON CV-11-0805-JCS 1 Dockets.Justia.com Case3:11-cv-00805-JCS Document5 Filed05/10/11 Page2 of 15 1 Pursuant to General Order 56 and Civil Local Rule 7-11, plaintiffs were to have defendants 2 served on or before April 25, 2011. 3 The defendants to this action are LDK INVESTORS LLC, a California Limited Liability 4 Company; and NARINDER S. MAROCK, an individual dba LA DORA LIQUORS and DELI. 5 Defendant NARINDER S. MAROCK was served with the summons and complaint on 6 April 6, 2011. Attached as Exhibit “A” and incorporated by reference as though fully set forth 7 herein is the proof of service. 8 9 10 Despite diligent efforts, plaintiffs have been unsuccessful in their attempt to serve defendant LDK INVESTORS LLC. Plaintiffs directed their process server to serve defendant LDK INVESTORS LLC at the 11 service address (837 Springbrook Drive, San Ramon, California 94582), which is indicated on 12 the summons. Plaintiffs’ process server made four (4) attempts to serve defendant LDK 13 INVESTORS LLC but was unsuccessful to no avail. Per plaintiffs’ process server, on April 9, 14 2011, when the process server attempted to serve defendant on this particular date, the process 15 server heard some activity inside the residence/business. However, the process server believes 16 defendant may have been evading him. Attached as Exhibit “B” and incorporated by reference as 17 though fully set forth herein is the Affidavit of Reasonable Diligence regarding defendant LDK 18 INVESTORS LLC from plaintiffs’ process server. 19 Shortly afterwards, because plaintiffs’ process server was unsuccessful in their attempts 20 to serve defendant LDK INVESTORS LLC, plaintiffs’ attempted to serve defendant via FedEx 21 and regular U.S. Mail. Plaintiffs were unsuccessful in these alternative methods. Plaintiffs’ 22 counsel office was informed by Amanpreet Kaur, who is acting on behalf of defendant 23 NARINDER S. MAROCK that the address (837 Springbrook Drive, San Ramon, California 24 94582) for defendant LDK INVESTORS LLC is in fact the correct address and that she had 25 spoken to defendant LDK INVESTORS LLC regarding service. Attached as Exhibit “C” and 26 incorporated by reference as though fully set forth herein are the letters that were included in the 27 service package written by plaintiffs’ counsel to defendant LDK INVESTORS LLC on April 25, 28 2011, regarding service, Notice of Acknowledgment Receipt and tracking information. EX PARTE APPLICATION FOR ADDITIONAL TIME FOR PLAINTIFFS TO SERVE DEFENDANT LDK INVESTORS LLC; AND [PROPOSED] ORDER THEREON CV-11-0805-JCS 2 Case3:11-cv-00805-JCS Document5 1 Filed05/10/11 Page3 of 15 In light of the above, plaintiffs are respectfully requesting an extension to serve, sufficient 2 time to resume their efforts to accomplish service on defendant LDK INVESTORS LLC and 3 further investigate this matter up to and including July 10, 2011. If plaintiffs still aren’t 4 successful in their attempts to serve defendant LDK INVESTORS LLC, then plaintiffs will 5 respectfully request that this Court issue an Order permitting service on defendant LDK 6 INVESTORS LLC through publication. 7 Plaintiffs also request that the last day for the parties and counsel to conduct the General 8 Order 56 joint inspection of the premises be continued from June 2, 2011 to August 2, 2011, in 9 order to give all parties sufficient time to be served, appear, and meaningfully participate in the 10 joint inspection. 11 12 Respectfully submitted, Dated: May 10, 2011 THOMAS E. FRANKOVICH, A PROFESSIONAL LAW CORPORATION 13 14 By: /s/Thomas E. Frankovich Thomas E. Frankovich Attorneys for Plaintiffs DAREN HEATHERLY and IRMA RAMIREZ, each an individual 15 16 17 ORDER 18 IT IS SO ORDERED that plaintiffs have up to and including July 10, 2011 to serve 19 defendant LDK INVESTORS LLC with the summons and complaint. IT IS FURTHER 20 ORDERED that the last day for the parties to conduct the joint inspection of the premises be 21 continued up to and including August 2, 2011. 22 S 27 R NIA FO A H ER LI RT 26 ______________________________________ Honorable JosephrC. Spero o C. Spe Uniteddge Joseph Magistrate Judge Ju States NO 25 May 12 Dated: ________________, 2011 UNIT ED 24 RT U O 23 ISTRIC ES D TC AT T N F D IS T IC T O R C 28 EX PARTE APPLICATION FOR ADDITIONAL TIME FOR PLAINTIFFS TO SERVE DEFENDANT LDK INVESTORS LLC; AND [PROPOSED] ORDER THEREON CV-11-0805-JCS 3 Case3:11-cv-00805-JCS Document5 Filed05/10/11 Page4 of 15 Case3:11-cv-00805-JCS Document5 Filed05/10/11 Page5 of 15 Case3:11-cv-00805-JCS Document5 Filed05/10/11 Page6 of 15 Case3:11-cv-00805-JCS Document5 Filed05/10/11 Page7 of 15 Case3:11-cv-00805-JCS Document5 Filed05/10/11 Page8 of 15 Case3:11-cv-00805-JCS Document5 Filed05/10/11 Page9 of 15 Case3:11-cv-00805-JCS Document5 Filed05/10/11 Page10 of 15 Case3:11-cv-00805-JCS Document5 Filed05/10/11 Page11 of 15 Case3:11-cv-00805-JCS Document5 Filed05/10/11 Page12 of 15 Case3:11-cv-00805-JCS Document5 Filed05/10/11 Page13 of 15 Case3:11-cv-00805-JCS Document5 Filed05/10/11 Page14 of 15 Case3:11-cv-00805-JCS Document5 Filed05/10/11 Page15 of 15
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