IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
April 23, 2012
REBECCA TUCKER, PLAINTIFF,
REGENT ASSET MANAGEMENT SOLUTIONS, INC.; AND MICHAEL SCATA,
The opinion of the court was delivered by: Howard R. Lloyd United States Magistrate Judge
NOT FOR CITATION
HRL FURTHER INTERIM ORDER [Re: Docket No. 29]
United States District Court For the Northern District of California
On January 17, 2012, counsel for the plaintiff and defendant Michael Scata appeared via 18 telephone for a hearing on Scata's motion to dismiss for lack of personal jurisdiction. Pursuant to its 19 authority to permit discovery on such a motion, the court allowed plaintiff 60 days to take 20 jurisdictional discovery by deposing and issuing requests for production on Scata. See Dkt. No. 41 21 ("Interim Order"); Data Disc, Inc. v. Systems Technology Associates, Inc., 557 F.2d 1280, 1285, n. 22 1 (9th Cir. 1977) (finding courts have discretion to order discovery "where pertinent facts bearing on 23 the question of jurisdiction are controverted or where a more satisfactory showing of the facts is 24 necessary"). 25 Plaintiff submitted an affidavit by counsel on March 16, 2012, the deadline this court set for 26 plaintiff to submit whatever additional jurisdictional facts she deemed necessary. Dkt. No. 42. 27 However, the affidavit offered no new facts, nor did it suggest that plaintiff took any discovery 28 pursuant to this court's Interim Order. Now, over a month after the deadline for plaintiff's submission, plaintiff's counsel submits another affidavit in which he attests that he has been unable 2 to reach defendant Scata because the address that Scata provided to the court's electronic filing 3 system ("ECF") is incorrect. Dkt. No. 44. Plaintiff's counsel attached several emails to his affidavit 4 as exhibits, which show that the business located at the Nevada address Scata provided to ECF is 5 not connected to Scata, nor do its employees know who Scata is.
At the Initial Case Management Conference in November 2011, the court asked Scata for a 7 phone number, since he had not listed one on ECF. In addition to providing a phone number, Scata 8 informed the court that it should use a different mailing address than the one he listed on ECF. He 9 provided the following address: 7131 Four Rivers Road, Boulder, CO 80301. While the court has 10 used this address to send Scata notice of orders, plaintiff's counsel apparently took no notice of the new address, and Scata has failed to formally update his contact information on ECF.
United States District Court
Because it appears that plaintiff has been unsuccessful in serving discovery requests on hern District of California Scata, leaving the relevant jurisdictional facts still in dispute, the court now extends the deadline for 14 plaintiff to serve discovery on Scata. Plaintiff shall have an additional 60 days to resubmit any 15 discovery request previously misdirected, using the Boulder, Colorado address. Plaintiff may submit a declaration detailing facts relevant to the pending motion to dismiss within 60 days from the date 17 of this order. In addition, defendant Scata is ordered to file a Notice of Change of Address*fn1 as soon 18 as possible.
For the Nort
IT IS SO ORDERED.
Dated: April 19, 2012
C11-02335 HRL Notice will be electronically mailed to:
Todd Friedman firstname.lastname@example.org Darin Shaw email@example.com Notice will be sent by mail to: Michael Scata 5 7131 Four Rivers Rd. Boulder, CO 80301 6 Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program.