CNC Software, LLC v. Global Engineering Limited Liability Company
- Edward Chen
- 3:22-cv-02488
- U.S. District Court · Northern District of California
- 4
In CNC Software v. Global Engineering, Judge Hixson denied email service, extended the service deadline, and continued the case-management conference.
CNC Software, LLC and Robert Avila were directly affected by the service ruling; the order also changed the schedule for the parties’ case-management conference.
What happened
CNC Software, LLC asked to serve Robert Avila by email after several unsuccessful attempts at different addresses. The court found that CNC had shown repeated efforts but had not shown enough reason to use email at that time.
The court denied CNC’s request to serve Avila by email and extended the deadline to complete service to September 9, 2022. It also noted uncertainty about whether the other defendants had been properly served.
Judge Thomas S. Hixson continued the case-management conference from August 4 to October 27, 2022, and required the parties to file a joint case-management statement by October 20.
The detailed version
- CNC Software, LLC v. Global Engineering Limited Liability Company · No. 3:22-cv-02488
- Edward Chen
- Aug. 2, 2022
Background
CNC Software, LLC brought a copyright-infringement case against Global Engineering Limited Liability Company, Robert Avila, and Edwin Escobar. CNC asked the court for permission to serve Avila by email and for more time to complete service. CNC said a process server had tried multiple times to serve Avila at several addresses, without success. CNC’s counsel later spoke with Avila by telephone, obtained an email address, and sent the service documents there. The email did not return as undeliverable.
Reasoning
Federal Rule of Civil Procedure 4(e) allows service on an individual using methods permitted by the law of the state where the federal court is located or where service occurs. California law lists several methods, including personal delivery, substitute service, service by mail with acknowledgment, service by certified or registered mail in some circumstances, and publication. California law also allows a court to direct another method reasonably calculated to give actual notice.
The court found that CNC had made numerous attempts with reasonable diligence, but it had not shown sufficient reason—called “good cause”—to authorize email service at that time. CNC had communicated with Avila and had obtained his email address, but the record did not show that CNC tried to confirm his service address or ask whether he would accept service. The court also noted that Avila had said he would be away for about a week, while CNC filed its motion during that period.
The court further observed that the Clerk of Court had declined to enter default against Global Engineering and Escobar because the agent identified in the proof of service did not match the agent listed on the California Secretary of State’s website, and because the proofs of service listed different completion dates. The court therefore found it unclear whether any named defendant had been properly served and concluded that there was no urgency requiring email service.
Ruling
The court denied CNC’s motion for service by email. It granted CNC’s request for additional time by extending the service deadline to September 9, 2022. The court also continued the case-management conference, originally scheduled for August 4, to October 27, 2022, at 10:00 a.m. by video conference, and required a joint case-management statement by October 20, 2022. Judge Thomas S. Hixson signed the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.