Youngevity International Inc. v. Innov8tive Nutrition, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 YOUNGEVITY INTERNATIONAL Case No.: 3:22-cv-00721-LL-AHG
INC.,
ORDER GRANTING JOINT Plaintiff, MOTION FOR LEAVE FOR
PLAINTIFF TO SERVE
v. NON-PARTY FIT BRANDS LLC INNOV8TIVE NUTRITION, INC., et al., THROUGH ALTERNATIVE
SERVICE
Defendants. 17 [ECF No. 78] 18 19 20 21 22 23 Before the Court is the parties’ joint motion for leave for Plaintiff Youngevity International Inc. (“Plaintiff”) to serve Non-Party FIT Brands LLC (“Fit Brands”) with a revised subpoena through alternative service. ECF No. 78. “Federal Rule of Civil Procedure 45(b)(1) provides that ‘[s]erving a subpoena requires delivering a copy to the named person[.]’ However, after attempts at personal serve have been tried and failed, ‘[c]ourts are more inclined to grant [] alternative service’ provided ‘the serving party has provided sufficient evidence of its earlier diligence in attempting to effectuate personal service.’” Bhatia v. United…