Nobles

I. BACKGROUND

20 On November 7, 2019, Plaintiff Kathleen Nobles (“Nobles”) filed suit against Kern and 21 Plum Holdings, LLC (“Plum Holdings”), alleging a single count of breach of contract. Compl., 22 ECF 1. Kern and Plum Holdings answered the operative Complaint on December 12, 2019. ECF 23 11. In that pleading, Kern asserted two counterclaims/crossclaims against Nobles and her son, third- 24 party defendant Hering. ECF 11 at 6-12. On December 13, 2019, summons was issued as to Hering. 25 ECF 13. Nobles filed a motion to dismiss the counterclaims and to strike certain allegations from 26 Kern and Plum Holdings’s pleading. ECF 22. The Court granted the motion with leave to amend 27 crossclaims. ECF 62. On June 5, 2020, the Court issued an order to show cause regarding service of Hering. ECF 66. The Court ordered Kern and Plum Holdings to file proof of service or show cause why Mr. Hering should not be dismissed for failure to serve, no later than July 14, 2020. Id. On July 14, 2020, Kern filed a response to the Court’s order to show cause and a verified motion for leave to serve Hering by publication. Mot. In his verified motion,…