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E. & J. Gallo Winery v. Proximo Spirits

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 10, 2010

E. & J. GALLO WINERY, A CALIFORNIA CORPORATION, PLAINTIFF,
v.
PROXIMO SPIRITS, INC., A DELAWARE CORPORATION, AGAVERA CAMICHINES, S.A. DE C.V., A MEXICO CORPORATION, AND DOES 1-25, DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER APPOINTING AGENTS FOR SERVICE OF PROCESS

This matter came on pursuant to the Ex Parte Application of Plaintiff E. & J. Gallo Winery ("Gallo") for an Order Appointing Agents for Special Service of Process upon Defendant Agavera Camichines, S.A. de C.V. ("Agavera Camichines"). The Court having considered said Application and the Declaration of D. Greg Durbin in support thereof, and good cause appearing:

IT IS HEREBY ORDERED that Civil Action Group, doing business as APS International, Ltd. (whose address is APS International Plaza, 7800 Glenroy Road, Minneapolis, MN 55439-3122), and the following members of the firm of Legarreta y Asociados, S.C. (whose address is Av. Picacho Ajusco No. 130-503, Col. Jardines en la Montana, C.P. 13210 Mexico D.F.):

Luis Javier Legarreta Cantú Rafael Heres Del Valle Fermin Rodrigo Reyes Fentanes Angelina Rugarcia Codò

Omar Sanchez Mendez, or Michelle Guadalupe Avendaño Bonilla, and their respective designated agents for service of process, are appointed and authorized to effect service of process on Defendant Agavera Camichines in this matter. Service shall be effected in accordance with the internationally-agreed upon means in accordance with the laws of Mexico, or the originating court if not otherwise prohibited by international agreement or the laws of Mexico, and in a manner reasonably calculated to give notice to said Defendant.

IT IS HEREBY FURTHER ORDERED that the Clerk shall forthwith issue a revised Summons to be served on Defendant "Agavera Camichines, S.A. de C.V." which specifies that a response to the Complaint is due within ninety (90) days following service by adding the word "calendar" after the number "90" and before the word "days" in the first full line on the current Summons.

IT IS SO ORDERED.

20100510

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