THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Size: px

Start display at page:

Download "THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )"

Robert Thomas
5 years ago
Views:

1 Case :-cv-0-jat Document Filed 0// Page of 0 0 David Vedad Jafari, California Bar #0 JAFARI LAW GROUP, INC. 0 Vantis Drive, Suite 0 Aliso Viejo, California, Telephone: ( -000 Facsimile: ( -00 djafari@jafarilawgroup.com Attorney for Plaintiff COMPOSITE INDUSTRIE S.A. COMPOSITE INDUSTRIE S.A., vs. THE UNITED STATES DISTRICT COURT Plaintiff, VISION AIR AMERICA, INC.; ARTUR NIEWIADOWSKI, Defendants. DISTRICT OF ARIZONA Case No.: CV--0-PHX-JAT PLAINTIFF S MOTION FOR LEAVE TO SERVE SUMMONS AND COMPLAINT BY ALTERNATIVE OR SUBSTITUTED SERVICE; DECLARATION OF DAVID JAFARI; CERTIFICATE OF SERVICE [FRCP ] Honorable James A. Teilborg Plaintiff Composite Industrie S.A. hereby moves this Court, pursuant to Fed. R. Civ. P. (e( and Arizona Rules of Civil Procedure, Rule.(k, for leave to serve the summons and complaint in this action on defendant Artur Niewiadowski by alternative or substitute method.

2 Case :-cv-0-jat Document Filed 0// Page of 0 0 MEMORANDUM OF POINTS AND AUTHORITIES On September 0, 0, Plaintiff commenced this civil action against defendants for breach of contract. (Doc # Defendant Artur Newiadowski is the president of defendant Vision Air America, Inc. (Jafari Decl. # attached On October, 0, 0, Plaintiff served defendant Vision Air America, Inc. by personal service at its place of business in Tolleson, Arizona. (Doc # Plaintiff was however unable to serve defendant Artur Niewiadowski. (Doc #0 As the declaration of Carl Dalrymple on file shows, defendant Artur Niewiadowski is evading service of process. (Doc #0. On October, 0, Plaintiff mailed to defendant Artur Niewiadowski a Notice of Lawsuit and Request For Waiver of Service of Summons. (Jafari Decl. # attached Over sixty days has passed since said mailing, but defendant Artur Niewiadowski has failed to return the Waiver of Service of Summons request. (Jafari Decl. # attached Accordingly, Plaintiff is filing this motion for leave to serve defendant Artur Niewiadowski by the following alternative or substitute method: posting a copy of the summons, complaint and related papers on his residence door along with a copy of this Court s order allowing for substitute or alternative method of service on defendant Artur Niewiadowski last known residence address and mailing a copy of said papers to the same address. LAW AND ARGUMENT Pursuant to Fed. R. Civ. P. (e(, an individual other than a minor or incompetent person may be served by following state law for serving a summons in an

3 Case :-cv-0-jat Document Filed 0// Page of 0 0 action brought in courts of general jurisdiction in the state where the district court is located or where service is made. [see LSJ Inv. Co., Inc. v. O.L.D., Inc. (th Cir. Fd 0, ;] Since this Court sits in the State of Arizona, this Court may look to Arizona laws in determining if a method of service is proper. Arizona Rules of Civil Procedure, Rule.(k provides as follows: If service by one of the means set forth in the preceding paragraphs of this Rule. proves impracticable, then service may be accomplished in such manner, other than by publication, as the court, upon motion and without notice, may direct. Whenever the court allows an alternate or substitute form of service pursuant to this subpart, reasonable efforts shall be undertaken by the party making service to assure that actual notice of the commencement of the action is provided to the person to be served and, in any event, the summons and the pleading to be served, as well as any order of the court authorizing an alternative method of service, shall be mailed to the last known business or residence address of the person to be served. Service by publication may be employed only under the circumstances, and in accordance with the procedures, specified in Rules.(l,.(m,.(f and.(g of these Rules. As shown by the declaration of Carl Dalrymple, defendant Artur Niewiadowski is evading service of summon in this action. Plaintiff has attempted to serve Artur Niewiadowski on three different dates at both his residence and his work. (Doc # Several facts alleged in Dalrymple declaration suggest that Artur Niewiadowski is intentionally evading service of summons. (Doc # Accordingly, this Court is justified to direct service of summons by alternative or substitute methods. CONCLUSION

4 Case :-cv-0-jat Document Filed 0// Page of 0 Plaintiff requests this Court for leave to serve defendant Artur Niewiadowski by the following method: posting a copy of the summons, complaint and related papers on his residence door along with a copy of this Court s order allowing for substitute or alternative method of service on defendant Artur Niewiadowski last known residence address and mailing a copy of said papers to the same address. RESPECTFULLY SUBMITTED this nd day of January, 0 JAFARI LAW GROUP, INC. _/s/ David Jafari DAVID JAFARI, Attorney for plaintiff 0 Vantis, Suite 0 Aliso Viejo, CA djafari@jafarilawgroup.com (-000 Phone ( -00 Fax 0

5 Case :-cv-0-jat Document Filed 0// Page of 0 0 DECLARATION OF DAVID JAFARI I, DAVID JAFARI, make the following declarations under penalty of perjury of the laws of United States:. I am a member of the Jafari Law Group law firm and am the attorney responsible for the conduct of the above-captioned lawsuit on behalf of Plaintiff.. I am an attorney in good standing, licensed to practice law in the State of California and admitted pro hoc vic for this case. I declare the following based on personal knowledge unless otherwise noted.. Based on information that I obtained from the internet, including Arizona Secretary of State s online records, Defendant Artur Newiadowski is the president of defendant Vision Air America, Inc.. On October, 0, my office mailed to defendant Artur Niewiadowski the Notice of Lawsuit and Request For Waiver of Service of Summons. Over sixty days has passed since said mailing, but defendant Artur Niewiadowski has failed to return the Waiver of Service of Summons request. FURTHER DECLARANT SAYETH NAUGHT. I declare under the penalty of perjury under the laws of United States that the foregoing is true and correct. Executed this day of January 0. _/s/ David Jafari DAVID JAFARI

6 Case :-cv-0-jat Document Filed 0// Page of 0 CERTIFICATE OF SERVICE I hereby certify that on January, 0, a copy of the foregoing PLAINTIFF S MOTION FOR LEAVE TO SERVE SUMMONS AND COMPLAINT BY ALTERNATIVE OR SUBSTITUTED SERVICE; DECLARATION OF DAVID JAFARI; CERTIFICATE OF SERVICE was electronically filed. Notice of this filing will be sent by operation of the Court s electronic filing system to all parties indicated on the electronic filing receipt. /s/ David Jafari 0

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

BMO Harris Bank NA v. Guthmiller et al Doc. 1 1 1 1 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA BMO Harris Bank, N.A., No. CV--00-PHX-JAT Plaintiff, ORDER v. Marty R. Guthmiller,