Akzo Nobel Coatings Inc. v. GMP Cars, LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

AKZO NOBEL COATINGS INC., Case No.: 4:21-cv-03359-YGR Plaintiff, ORDER DENYING EX PARTE APPLICATION

FOR ORDER AUTHORIZING SERVICE BY

vs. PUBLICATION OF GMP CARS, LLC

11 GMP CARS, LLC AND GEOFFREY M. Re: Dkt. No.

PALERMO,

Defendants.

14 Plaintiff Akzo Nobel Coatings Inc. filed an ex parte application for an order authorizing 16 service by publication on defendant GMP Cars LLC. (Dkt. No. 12.) Due process requires that defendants be provided notice of an action against them and an 18 opportunity to be heard. Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). 19 The method of service chosen to satisfy this constitutional requirement must be “reasonably 20 calculated to provide actual notice of the pending proceeding.” Mennonite Bd. of Missions v. 21 Adams, 462 U.S. 791, 795 (1983) (emphasis supplied). Though disfavored and rarely 22 used, service by publication is allowed under Federal Rule of Civil Procedure 23 4(e)(1) and California Code of Civil…