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Fletcher Carson v. Walsh Griffin

April 16, 2013

FLETCHER CARSON,
PLAINTIFF,
v.
WALSH GRIFFIN, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Kandis A. Westmore United States Magistrate Judge

ORDER DENYING PLAINTIFF'S MOTION TO ALLOW ALTERNATE SERVICE OF PROCESS WITHOUT PREJUDICE AND DISMISSING DEFENDANTS AJR INTERNATIONAL FZE AND VICTORIA ELLIS WITHOUT PREJUDICE

District of California United States District Court

Plaintiff Fletcher Carson, who proceeds pro se and has paid the filing fee, filed the complaint Northern in this case on February 6, 2013. On March 24, 2013, Plaintiff filed a Motion to Allow Alternate 17 Service on Defendants. For the following reasons, the motion is denied without prejudice.

I. Background

Plaintiff is suing the following Defendants: Walsh Griffin, Walsh Capital Group, AJR International FZE, Kelvin Don, Salvtore Financial Agency, Priscilla Ellis, John Kagose, Kenietta 21 Johnson, KVP International Consultants, KVP International Trades, Victoria Ellis, Vicken 22 International Traders LLC, Ivan Ahmed Azziz, Daniel Okwudili Nwankwo, Cisse Abdoulaye, and 23 24 Ben Aka. Plaintiff alleges that Defendants were responsible for fraudulently soliciting money from him, which was never returned.

None of the Defendants have yet appeared in the case. Plaintiff's Motion to Allow Alternate 26 Service states that he attempted to serve all of the Defendants through the United States mail on February 11, 2013. However, many of the service documents were returned for lack of a correct 2 address.

II. Dismissal of Defendants

In his motion for alternate service, Plaintiff states that he wishes to "delete from the 5 complaint" Defendant Victoria Ellis, and "remove[]" Defendant AJR International FZE. Mot. at 4. 6 Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiff may dismiss these parties without 7 prejudice without a Court order, as Defendants have not served an answer or motion for summary 8 judgment. The Court construes Plaintiff's requests in the motion for alternate service as a notice of 9 dismissal. Defendants Victoria Ellis and AJR International FZE are, therefore, dismissed from this case without prejudice.

III. Motion for Alternate Service

In his motion, Plaintiff asserts that he has sent all of the Defendants-except for those 13 Defendants who are dismissed without prejudice, as explained above-registered emails containing 14 all of the service documents. The emails were sent through a service called RPost Holdings, which, 15 according to Plaintiff, returns an acknowledgement that the recipient's email server received the email.

Plaintiff claims that "none of the emails bounced." Mot. at 4-5. 17 Some of the Defendants are allegedly individuals from outside the United States. Other 18 Defendants are allegedly individuals and businesses in the United States.

A. Service on Foreign Individuals and Foreign Business

Plaintiff wishes to serve foreign individuals, including Ivan Ahmed Azziz, a "broker located in 21 Dubai"; Daniel Okwudili Nwankwo, Azziz's attorney; Cisse Abdoulaye, an agent in Dubai; and Ben 22 Aka, another agent in Dubai, and Walsh Griffin, a person living in France and Ireland. See Comp'l at 23 3, 6-7. Plaintiff also wishes to serve a foreign business, Walsh Capital Group, which is allegedly 24 located in Ireland. Id. at 3.

Federal Rule of Civil Procedure 4(f) ("Serving an Individual in a Foreign Country") authorizes service of process on an individual in a foreign country by any "means not prohibited by international *fn1 agreement, as the court orders." A foreign business can be served in the same manner prescribed by Rule 4(f) for serving an individual, except personal delivery under (f)(2)(c)(1). Fed. R. Civ. P. 2 4(h)(2). A method of service of process must comport with constitutional notions of due process, and 3 must be "reasonably calculated, under all the circumstances, to apprise interested parties of the 4 pendency of ...


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