SU v. FILLET (2023)

ORDER GRANTING MOTION FOR ALTERNATE SERVICE

Regarding Docket No. 7

The Court has considered the motion by Sonya Shao, attorney for the Secretary of Labor (“Plaintiff”), for the entry of an order permitting alternate service; or, in the alternative, extending time to serve PAUL G. FILLET, D.M.D., INC., a California corporation; Paul G. Fillet, an individual; and PAUL G. FILLET, D.M.D., INC. PROFIT SHARING PLAN, an employee benefit plan (“Defendants”), and for a continuance of deadlines. The Court finds that Plaintiff has demonstrated that alternate service is warranted and is “reasonably calculated, under all circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.” Rio Props., Inc. v. Rio Int'l Interlink, 284 F.3d 1007, 1016-17 (9th Cir. 2002). Accordingly, the Court GRANTS Plaintiff's motion and ORDERS that Plaintiff is deemed to have effectuated service upon Defendants PAUL G. FILLET, D.M.D., INC., a California corporation; Paul G. Fillet, an individual; and PAUL G. FILLET, D.M.D., INC. PROFIT SHARING PLAN by iMessage at Fillet's cell phone number 925-683-0061 and by certified mail to P.O. Box 618, Alamo, CA 94507.

The Court FURTHER ORDERS that Plaintiff shall serve a copy of this Order upon Defendants by iMessage at Fillet's cell phone number 925-683-0061 and by mail to P.O. Box 618, Alamo, CA 94507. Defendants’ response to the Complaint is due within 21 days after Plaintiff serves this Order by iMessage at Fillet's cell phone number 925-683-0061 or by mail to P.O. Box 618, Alamo, CA 94507.

Moreover, the Court ORDERS the Initial Case Management Conference, and all related deadlines are CONTINUED for 90 days. The Court CONTINUES the Case Management Conference to August 14, 2023.

Plaintiff may serve all further documents filed in this case by iMessage at Fillet's cell phone number 925-683-0061 and by mail to P.O. Box 618, Alamo, CA 94507.

IT IS SO ORDERED.

SALLIE KIM, United States Magistrate Judge