Rimas Eugenio v. Eugenio

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EUREKA DIVISION 7 8 SHERYL MAY RIMAS EUGENIO, Case No. 23-cv-02832-HSG (RMI) 9 Plaintiff, ORDER APPOINTING PROCESS 10 v. SERVER 11 JOHNNY BENSON EUGENIO, Re: Dkt. No. 107 12 Defendant. 13 14 Plaintiff has filed a request that Nationwide Legal, LLC, a registered California process 15 server, be specially appointed to serve any writs of execution. See Request, Dkt. 107-1. Federal 16 Rule of Civil Procedure 4.1 provides in relevant part that: “Process—other than a summons under 17 Rule 4 or a subpoena under Rule 45—must be served by a United States marshal or deputy 18 marshal or by a person specially appointed for that purpose.” Fed. R. Civ. P. 4.1(a). Under federal 19 law, “[a] money judgment is enforced by a writ of execution, unless the court directs otherwise.” 20 Fed. R. Civ. P. 69(a). “The procedure on execution—and in proceedings supplementary to and in 21 aid of judgment or execution—must accord with the procedure of the state where the court is 22 located, but a federal statute governs to the extent it applies.” Id. Under California law, a 23 registered process server may levy under a writ of execution in accordance with California Code 24 of Civil Procedure Section 699.080. “‘Registered process servers may be authorized and appointed 25 under Rule 4.1 for this purpose.’” United Specialty Ins. Co. v. Bani Auto Grp., Inc., No. 18- 26 CV-01649-BLF, 2022 WL 14814117, at *1 (N.D. Cal. Oct. 25, 2022) (quoting First Midwest 27 Equip. Fin. Co. v. Aero Transp., Inc., No. 1:18-mc-00017-AWI-SAB, 2022 WL 2359284, at *1 1 Accordingly, IT IS HEREBY ORDERED as follows: 2 (1) Plaintiff's request is GRANTED; 3 (2) Nationwide Legal, LLC, a registered California process server, is authorized and 4 appointed to serve any writs of execution in this action; and 5 (3) The United States Marshal shall remain the levying officer. 6 IT IS SO ORDERED. 7 Dated: August 19, 2025 ROBERT M. ILLMAN 10 United States Magistrate Judge 11 12

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