Summary
The United States District Court for the District of Utah grants court-appointed receiver Alex D. Moglia’s motion for alternative service on Alexandria Gomez. The court finds that diligent efforts to locate and personally serve Gomez were unsuccessful and that email service was reasonably calculated to notify her of the action. The order authorizes service by email three times per week for two consecutive weeks and extends the service deadline to April 13, 2026.
Holdings
- Alternative service was authorized because the receiver made reasonably diligent efforts to locate and personally serve Gomez and was unable to do so.
- Service by email was authorized because the identified email address was reasonably calculated to notify Gomez of the action.
Questions Presented
- Whether the receiver demonstrated that Alexandria Gomez could not be located despite reasonable diligence or otherwise satisfied Utah's requirements for alternative service.
- Whether service of the summons, complaint, and order by email was reasonably calculated under the circumstances to notify Gomez of the action.
Disposition
other
Cases Cited (5)
- East West Bank v. QIT Tech. Holdings, Inc., et al., No. 2:25-cv-00105 (D. Utah, filed Feb. 12, 2025)(referenced)
- DeMaestri v. Verifacts Inc., No. 11-cv-02430, 2012 U.S. Dist. LEXIS 49861, at *14 (D. Colo. Mar. 16, 2012)(cited)
- C504750P LLC v. Baker, 2017 UT App 36, 397 P.3d 599(cited)
- Great Bowery v. Best Little Sites, No. 2:21-cv-00567, 2022 U.S. Dist. LEXIS 100972, at *8 (D. Utah Mar. 24, 2022)(cited)
- Mattel, Inc. v. AnimeFun Store, No. 18 Civ. 8824, 2020 U.S. Dist. LEXIS 77660, at *12–13 (S.D.N.Y. May 1, 2020)(cited)
Cited In (0)
No citing cases on record yet.
Court Document
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