Menon v. Geovera Holdings, Inc.

No. 2:24-CV-01819-TLN-SCR (E.D. Cal. July 3, 2025) · United States District Court for the Eastern District of California · July 3, 2025 · No. 2:24-CV-01819-TLN-SCR

Summary

This proposed order addresses substitute service of a Federal Rule of Civil Procedure 45 subpoena on third-party witness Qudsia Omar. Based on repeated unsuccessful personal-service attempts and alleged evasion, the court authorizes service by certified mail.

Holdings

  1. After personal service was attempted and the third-party witness apparently evaded service, the court authorized plaintiff to serve the subpoena by certified mail.

Questions Presented

  1. Whether the court should authorize substitute service of a Rule 45 subpoena by certified mail after diligent but unsuccessful attempts at personal service.

Disposition

other

Cases Cited (5)

  • Fujikura Ltd. v. Finisar Corp., 2015 WL 5782351, at *5 (N.D. Cal. Oct. 5, 2015)(followed)
  • Chambers v. Whirlpool Corp., 2016 WL 9451361, at *2 (C.D. Cal. Aug. 12, 2016)(followed)
  • Steve McCurry Studios, LLC v. Web2Web Mktg., Inc., 2014 WL 1877547, at *2 (N.D. Cal. May 9, 2014)(followed)
  • CNC Software, LLC v. Glob. Eng'g Ltd. Liab. Co., 2022 WL 4137585, at *1 (N.D. Cal. Aug. 2, 2022)(followed)
  • Pennwalt Corp. v. Durand-Wayland, Inc., 708 F.2d 492, 494 n.5 (9th Cir. 1983)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…