Catalyst Lifestyle Limited v. Elago Co., Ltd

Opinion

CATALYST LIFESTYLE LIMITED, Case No.: 22cv536-LL-MDD

Plaintiff, ORDER GRANTING MOTION FOR v. COURT DIRECTED ALTERNATIVE SERVICE ON DEFENDANT AND ELAGO CO., LTD; and ELYEL COUNTER CLAIMANT ELAGO CO. CORPORATION, LTD Defendants. [ECF No. 24] ELAGO CO., LTD; and ELYEL CORPORATION, Counter Claimants, v. CATALYST LIFESTYLE LIMITED, Counter Defendant. Before the Court is the Plaintiff and Counter Defendant Catalyst Lifestyle Limited’s (“Catalyst”) Motion for Court Directed Alternative Service on Defendant and Counter Claimant Elago Co., Ltd (“Elago”) (the “Motion”). ECF No. 24. The Motion is unopposed. ECF No. 26. Having considered the Motion, the Court finds Catalyst has undertaken diligent efforts to follow the steps identified in the Hague Service Convention and personally serve Elago and that Catalyst’s proposed method of alternative service is reasonably calculated to provide Elago with actual notice of this lawsuit. See Fed. R. Civ. P. 43); Rio Properties, Inc. v. Rio Int'l Interlink, 284 F.3d 1007, 1016-17 (9th Cir. 2002) (the method of service “must be ‘reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.’”). Thus, for good cause shown, the Court GRANTS Catalyst’s Motion as follows: 1. Plaintiff and Counter Defendant Catalyst shall serve copies of the summons complaint on Defendant and Counter Claimant Elago by alternative service via electronic mail to Elago’s United States based counsel, Ms. Sheila Mojtehedi at sheila@ mojtehedi.com; and 2. Pursuant to Federal Rule of Civil Procedure 4(m), the Court extends Plaintiff Counter Defendant Catalyst’s time to complete service of process on Defendant and Counter Claimant Elago to December 29, 2022. Dated: November 29, 2022 NO DE Honorable Linda Lopez United States District Judge