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Suretec Insurance Co. v. Orchard Hills Estates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA -- SACRAMENTO DIVISION


June 12, 2009

SURETEC INSURANCE COMPANY, A TEXAS CORPORATION, PLAINTIFF,
v.
ORCHARD HILLS ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; ORCHARD HILLS ESTATES II, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; RICHARD A. CONTO, AN INDIVIDUAL; CHERYL LYNN CONTO, AN INDIVIDUAL; BRIAN N. MCCARTHY, AN INDIVIDUAL; AND VALERIE LOJEWSKI-MCCARTHY, AN INDIVIDUAL, DEFENDANTS.

ORDER TO EXTEND DEADLINE TO COMPLETE SERVICE COURTROOM 4

Upon reading and considering the application of Plaintiff Suretec Insurance Company ("Suretec") for an order to extend the deadline to complete service on Defendants Orchard Hills Estates, LLC, Orchard Hills Estates II, LLC, Richard A. Conto, Cheryl Lynn Conto, Brian N. McCarthy and Valerie Lojewski-McCarthy (collectively "Defendants") and the declaration presented in support thereof, and it satisfactorily appearing to the Court that Defendants cannot be served with reasonable diligence in any other manner provided in Federal Rules of Civil Procedure Rule 4 other than service of process via publication, that service via publication is not deemed complete until after the publication has been in place for four consecutive weeks, and it also appearing that a good cause of action exists against the Defendants and that the Defendants are necessary and proper parties to this action,

IT IS HEREBY ORDERED that the deadline to complete service is extended to June 29, 2009.

20090612

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