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N.D. Cal.Procedural orderFiled Aug. 29, 2023

Edmonds v. D2IQ Inc.

Judge
Vince Chhabria
Docket
3:23-cv-02741
Court
U.S. District Court · Northern District of California
Pages
1
Civil Procedure
In one sentence

In Edmonds v. D2IQ Inc., Judge Chhabria denied Edmonds’s request to serve lawyers and required accurate service information.

Who this affects

Mark Edmonds must provide updated information so the United States Marshals Service can attempt to serve D2IQ Inc.; D2IQ is the intended recipient of service. The case-management conference was moved to October 20, 2023.

What happened

In Edmonds v. D2IQ Inc., Mark Edmonds was allowed to rely on the U.S. Marshals Service to serve D2IQ because he was proceeding without paying filing fees. The Marshals Service could not serve D2IQ at the address Edmonds provided because the company was not there.

Edmonds then asked the court to serve two lawyers at a law firm, but gave no explanation showing that either lawyer could accept service for D2IQ. The court denied that request.

The order requires Edmonds to provide D2IQ’s accurate current address and the name and current address of its designated service agent by September 8, 2023. It also continued the initial case-management conference to October 20, 2023. Judge Chhabria issued the ruling.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Edmonds v. D2IQ Inc. · No. 3:23-cv-02741
Judge
Vince Chhabria
Date
Aug. 29, 2023

Background

Mark Edmonds was proceeding without paying filing fees, so he could rely on the United States Marshals Service to serve the summons and complaint. The court stated that Edmonds was responsible for giving the court enough information to serve D2IQ.

The Marshals Service attempted service on July 6, 2023, at the address Edmonds had provided: 548 Market Street, PMB 14763, San Francisco, California 94104. The service receipt stated that D2IQ was not at that address.

Edmonds later filed a one-page request asking the court to serve D2IQ’s attorney. The request listed contact information for two lawyers in a San Francisco office of Gordon Rees Scully Mansukhani, LLP, but did not explain why either lawyer was authorized to accept service for D2IQ.

Ruling

The court denied Edmonds’s request to serve the two lawyers because the record did not indicate that either person was authorized to accept service on D2IQ’s behalf.

The court ordered Edmonds to provide, by September 8, 2023, both D2IQ’s accurate current address and the name and current address of D2IQ’s designated agent for service of process. The court also continued the initial case-management conference, then scheduled for September 1, 2023, to October 20, 2023, at 2:00 p.m.

Judge Chhabria issued this order concerning service of process.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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