Flickinger v. Castillo

District Court, N.D. California·Decided June 30, 2025·No. 5:24-cv-02915·Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JASON ARCHIE FLICKINGER, Case No. 24-cv-02915-SVK

8 Plaintiff, ORDER GRANTING IN PART AND 9 v. DENYING IN PART PLAINTIFF’S SECOND EX PARTE APPLICATION 10 JAQUELINE REYES CASTILLO, et al., FOR ALTERNATE SERVICE 11 Defendants. Re: Dkt. No. 54

12 Self-represented plaintiff Jason Archie Flickinger commenced this action on May 14, 2024 13 against 37 Defendants named in his amended complaint. Dkts. 1, 6. Some defendants have since 14 been served and appeared, others have been voluntarily dismissed and most have yet to appear. 15 See Dkt. 23 (voluntary dismissal of two defendants); Dkts. 37-38, 45 (summons returned executed 16 as to certain defendants); Dkts. 41, 50-53 (appearance by three Mexican-government entities). 17 Now before the Court is Plaintiff’s second ex parte application for alternative service, styled the 18 “2nd Ex Party Motion for Authorization of Electronic Service of Process,” seeking permission to 19 serve by various electronic means certain defendants. Dkt. 54 (the “Application”). Having 20 considered Plaintiff’s submissions, the relevant law and the record in this action, the Court 21 GRANTS IN PART and DENIES IN PART the Application. 22 I. BACKGROUND 23 The Court has previously explained the background of this action as it relates to Plaintiff’s 24 attempts at service and motions for alternative service of process. Dkt. 32 (“Prior Order”) at 1-3. 25 The relevant developments since the Court’s Prior Order are as follows. 26 On April 8, 2025, the Court granted in part and denied in part Plaintiff’s ex parte 27 applications for alternative service and extensions of time. Id. In particular, the Court extended 1 difficulties with serving Defendant Quintero and the apparent “close friendship between Robert 2 Crisp and Pero Quintero,” extended the deadline to serve Defendant Quintero contingent on an 3 appearance by Defendant Crisp, (id. at 5-7, 12) (collectively, “American Defendants”). 4 In the same Order, the Court evaluated Plaintiff’s proposal to serve various Mexican 5 individual defendants by email and/or WhatsApp. Id. at 7-12. “Having examined what 6 documentary evidence of interactions was presented by Plaintiff, as well as the description for 7 each email and WhatsApp account” that was proffered, the Court ultimately permitted electronic 8 service via email on certain defendants via certain email accounts, denied service via other email 9 accounts and denied without prejudice service via WhatsApp. Id. at 10-13. The Court also 10 extended the time to serve five unlocated Mexican individual defendants contingent on an 11 appearance by the first Mexican individual defendant. Id. at 13. 12 Finally, in the same order, the Court ordered a further update as to Plaintiff’s attempts to 13 serve the Mexican-government entities. Id. at 13-14. 14 On April 30, 2025, Plaintiff filed a proof of service showing that Defendant Crisp was 15 successfully served by Plaintiff’s private investigator. Dkt. 37. On May 2, 2025, Plaintiff filed 16 proofs of service memorializing his attempts to serve the Mexican-government entities through the 17 Mexican Ministry of Foreign Affairs entities under the Hague Convention. Dkt. 38. Since then, 18 Defendants Estados Unidos Mexicanos (“Mexico”), Gobierno del Estado de Coahuila de Zaragoza 19 (“Coahuila State”) and Fiscalía General del Estado de Coahuila de Zaragoza (“Coahuila Attorney 20 General”) have appeared and filed motions to dismiss the claims against them. Dkts. 40-41, 46, 21 50-53. The other two Mexican-government defendants have not appeared. Finally, on May 8, 22 2025, Plaintiff filed proofs of service for 14 Mexican individual defendants. Dkts. 45–45-13. As 23 Plaintiff explains in the Application, with this Court’s authorization, “emails were sent to all 22 of 24 the [authorized] email addresses, which resulted in 19 emails [with] verified deliver[y] 25 (corresponding to 14 defendants).” Dkt. 54-1 at 3. 26 For the completeness of the record and convenience of the Parties and the public, the table 27 below summarizes the current service and appearance status of each Defendant in this action. 1 Defendant Service Status / Deadline Appearance 2 Robert Crisp (American Defendant) Served April 30, 2025 Not yet appeared Pedro Quintero (American Defendant) Not Served No appearance 3 To be served, or motion for alternative 4 service to be renewed, no later than 45 days after Crisp’s appearance 5 Mexico (Mexican-government entity) Served October 11, 2024 Appeared 6 Coahuila State Purportedly1 Served October 11, 2024 Appeared (Mexican-government entity) 7 Coahuila Attorney General Purportedly Served October 11, 2024 Appeared 8 (Mexican-government entity) Centro de Justicia y Empoderamiento Purportedly Served October 11, 2024 Not yet appeared 9 Para Las Mujeres del Gobierno del 10 Estado de Coahuila de Zaragoz (Mexican-government entity) 11 Dirección de Seguridad Publica Purportedly Served October 11, 2024 Not yet appeared 12 Municipal de Torreon (Mexican-government entity) 13 Gilda Reyes Barraza (former Not served Voluntarily 14 Mexican individual defendant) dismissed Brenda Karina Cueto Castillohe Not served Voluntarily 15 (former Mexican individual defendant) dismissed 16 Jaqueline Reyes Castillo Served April 9, 2025 Not yet appeared (Mexican individual defendant) via registered email to personal email 17 and two most recent lawyers’ emails. 18 See Dkt. 54-1 at 3; Dkt. 45.

19 The emails to Castillo’s most recent 20 lawyers were verified as opened. Id.

21 Plaintiff seeks to attempt further service. 22 María de la Luz Castillo de la Torre Not served. The Court denied Not yet appeared (Mexican individual defendant) Plaintiff’s prior application for 23 alternative service without prejudice. Dkt. 32 at 10. 24

25 Plaintiff seeks to renew his application and provides additional information. 26

27 1 Plaintiff filed a proof of service as to these Defendants, but in their pending Motion to Dismiss, 1 Luis Antonio Castillo Not served. Previously unlocated, Not yet appeared (Mexican individual defendant) with a status report as to service due to 2 be filed no later than 45 days after the first Mexican individual defendant’s 3 appearance. 4 Plaintiff seeks authorization to attempt 5 service by electronic means. 6 Gloria Castillo de la Torre Not served. The Court denied Not yet appeared (Mexican individual defendant) Plaintiff’s prior application for 7 alternative service without prejudice. Dkt. 32 at 10. 8

9 Plaintiff seeks to renew his application and provides additional information. 10 Luis Roberto Magaña Orozco Served April 9, 2025 Not yet appeared 11 (Mexican individual defendant) via registered email to two personal email addresses used to communicate 12 with Plaintiff previously. See Dkt. 54-1 at 3; Dkt. 45-2. 13

14 Plaintiff seeks to attempt further service. 15 Luis Enrique Martin Del Campo Service attempted on April 9, 2025, Not yet appeared 16 Valencia but delivery of email was (Mexican individual defendant) unsuccessful. See Dkt. 54-1 at 3. 17

18 Plaintiff seeks to attempt further service. 19 Cristobal Everardo Rodríguez Service attempted on April 9, 2025, Not yet appeared 20 Hernández but delivery of email was (Mexican individual defendant) unsuccessful. See Dkt. 54-1 at 3. 21 22 Plaintiff seeks to attempt further service. 23 Raymundo Ventura Garcia Not served. The Court denied Not yet appeared 24 (Mexican individual defendant) Plaintiff’s prior application for alternative service without prejudice. 25 Dkt. 32 at 10.

26 Plaintiff seeks to renew his application 27 and provides additional information. 1 David Obed Salas Ríos Not served. Previously unlocated, Not yet appeared (Mexican individual defendant) with a status report as to service due to 2 be filed no later than 45 days after the first Mexican individual defendant’s 3 appearance.

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