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Halfon v. HSBC Bank USA N.A.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


February 24, 2009

ORYANA HALFON
v.
HSBC BANK USA N.A. ET AL

The opinion of the court was delivered by: Present: The Honorable Florence-marie Cooper

CIVIL MINUTES - GENERAL

Alicia Mamer Not Reported N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Proceedings: ORDER DENYING REQUEST FOR TEMPORARY RESTRAINING ORDER (In Chambers)

This matter is before the Court on pro se Plaintiff's Complaint, filed on February 24, 2009, which includes a request for a temporary restraining order and preliminary and permanent injunctive relief.

It appears from the allegations in Plaintiff's Complaint that all the Defendants named in this action are corporations. The Proof of Service filed by Plaintiff indicates that, on February 23, 2009, the Summons and Complaint were mailed to business addresses for Defendants in Orlando, Florida; Phoenix, Arizona; Pasadena, California; and Santa Ana, California.

When serving a corporation, Federal Rule of Civil Procedure 4(h) requires either compliance with Rule 4(e)(1) (service in accordance with the laws of the State of California)*fn1 or personal delivery on an "agent authorized by appointment or by law to receive service of process . . . . and--if the agent is one authorized by statute and the statute so requires--by also mailing a copy of each to the defendant." Fed. R. Civ. P. 4(h)(1).

Plaintiff should have either arranged for someone to: (1) personally deliver the summons and complaint to the persons designated as agents for service of process for Defendants; or (2) mailed the summons, complaint, two copies of a notice and acknowledgment form, and a postage-paid, self-addressed stamped envelope to the out-of-state entities.*fn2 This Court cannot assert jurisdiction over Defendants unless or until they are properly served. Accordingly, the Court denies the request, embodied in the Complaint, for the issuance of a Temporary Restraining Order.

IT IS SO ORDERED.

N/A Initials of Preparer AM


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