Free Proposed Order - District Court of California - California

Case 3:07-cv-04946-JSW

Document 52

Filed 03/10/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This matter came before the Court to consider the Plaintiffs' Administrative Motion for Order for Publication of Summons, Granting Leave to Issue Subpoenas, and Granting Extension of Time to Serve Complaint. -1[PROPOSED] ORDER FOR PUBLICATION OF SUMMONS, GRANTING
LEAVE TO ISSUE SUBPOENAS, AND GRANTING EXTENSION OF TIME TO SERVE COMPLAINT

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MEI-FANG LISA ZHANG, BAY AREA AFFORDABLE HOUSING, LLC, XUEHUAN GAO, YANG-CHUN ZHANG, CAROL JIAN DENG, and HAO LIANG, ) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) WEI-MAN RAYMOND TSE, RUN PING ) ) ZHOU a.k.a. FLORA ZHOU, THERESA WONG, JAMES YU, BILL SHU WAI MA, ) ) MOLLY LAU, VICTOR SO, JIAN XIAO, ) CHRIST INVESTMENT SERVICE INC., CIS ) SERVICE, INC., PACIFIC BEST GROUP ) ) LTD. a.k.a. PACIFIC BEST COMPANY LTD., and SOUTH CHINA INVESTMENT ) ) INC., ) Defendants. ) Case No.: C-07-04946 JSW (Related to C-05-02641 JSW) [PROPOSED] ORDER FOR PUBLICATION OF SUMMONS, GRANTING LEAVE TO ISSUE SUBPOENAS, AND GRANTING EXTENSION OF TIME TO SERVE COMPLAINT

Case 3:07-cv-04946-JSW

Document 52

Filed 03/10/2008

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After considering the motion, and for good cause shown, the Court hereby GRANTS the Plaintiffs' Administrative Motion for Order for Publication of Summons, Granting Leave to Issue Subpoenas, and Granting Extension of Time to Serve Complaint. IT IS HEREBY ORDERED that service of the Summons in this action on Defendant Theresa Wong shall be accomplished by publication in the San Francisco Chronicle and the Sing Tao Daily, newspapers published in the State of California, and designated as the newspapers most likely to give actual notice to Defendant Theresa Wong, provided, however, that this Order does not preclude service upon Defendant Theresa Wong in any other manner specified in Fed. R. Civ. P. 4 or in California Code of Civil Procedure sections 415.10 through 415.30, which service would supersede the service by publication. IT IS HEREBY FURTHER ORDERED that the publication shall be made once a week for four weeks. IT IS HEREBY FURTHER ORDERED that if Defendant Theresa Wong's address is ascertained prior to the expiration of the time prescribed for publication of the summons, a copy of the Summons and Complaint and of the order for publication shall immediately be mailed to Defendant Theresa Wong. IT IS HEREBY FURTHER ORDERED that Plaintiffs are granted leave to issue subpoenas to the California Department of Motor Vehicles and any third parties concerning the whereabouts of James Yu and other facts reasonably necessary in aid of completing service of process on him. IT IS HEREBY FURTHER ORDERED that the time under Fed. R. Civ. P. 4(m) in which Plaintiffs must complete service of process on Theresa Wong and James Yu to avoid dismissal is hereby EXTENDED until May 31, 2008.

-2[PROPOSED] ORDER FOR PUBLICATION OF SUMMONS, GRANTING
LEAVE TO ISSUE SUBPOENAS, AND GRANTING EXTENSION OF TIME TO SERVE COMPLAINT

Case 3:07-cv-04946-JSW

Document 52

Filed 03/10/2008

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IT IS SO ORDERED.

Dated: ________________, 2008

JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

-3[PROPOSED] ORDER FOR PUBLICATION OF SUMMONS, GRANTING
LEAVE TO ISSUE SUBPOENAS, AND GRANTING EXTENSION OF TIME TO SERVE COMPLAINT