Opinion
23-cv-06673-JD
01-08-2024
U-TEC GROUP INC., Plaintiff, v. PINE LOCKS, Defendant.
ORDER RE SERVICE
JAMES DONATO, UNITED STATES DISTRICT JUDGE
In this patent dispute, plaintiff U-Tec Group Inc. has asked the Court to appoint a special process server to effectuate service on foreign defendant Pine Locks, which is said to be an Isle of Man corporation that may be served pursuant to the Hague Convention. Dkt. No. 12. U-Tec's ex parte application for a temporary restraining order against Pine Locks is pending. Dkt. No. 5. Counsel for U-Tec represents that he communicated with an attorney “who has made clear that he represents Pine Locks and is authorized to negotiate settlement on behalf of Pine Locks,” but declines to accept service of the complaint. Dkt. No. 5-5 ¶¶ 3, 5.
Rather than put the case through the complications of overseas service, and attendant delays, service is ordered on Pine Locks' attorney pursuant to Federal Rule of Civil Procedure 4(f)(3). “In situations like this, service on a foreign corporation's counsel in the United States is an effective and reasonable method, and is not prohibited by the Hague Convention.” Xilinx, Inc. v. Godo Kaisha IP Bridge 1, 246 F.Supp.3d 1260, 1264 (N.D. Cal. 2017). Service on Pine Locks' attorney is “reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.” Reflex Media, Inc. v. SuccessfulMatch.com, No. 20-cv-06393-JD, 2021 WL 275545, at *2 (N.D. Cal. Jan. 27, 2021) (quoting Rio Properties, Inc. v. Rio In'l Interlink, 284 F.3d 1007, 1016 (9th Cir. 2002)).
Consequently, service of the summons and complaint, and the ex parte motion, is ordered on attorney Zac Garthe. U-Tec should arrange for personal service, with copies also sent by registered mail through the U.S. Postal Service, on attorney Garthe at Copernicus Law, 445 Broadway, Denver, Colorado 80203. Any objections to service may be filed within 10 days of the filing of a proof of service on the docket.
IT IS SO ORDERED.