The Board of Trustees v. Empire Engineering & Construction, Inc.

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 THE BOARD OF TRUSTEES, et al., Case No. 22-cv-04824-DMR

11 Plaintiffs, ORDER GRANTING IN PART AND

DENYING IN PART EX PARTE

12 v. APPLICATION TO SERVE

DEFENDANT BY PUBLICATION AND

13 EMPIRE ENGINEERING & TO ENLARGE TIME TO SERVE

CONSTRUCTION, INC., DEFENDANT

14 Defendant. Re: Dkt. No. 45 15 16 Plaintiffs Board of Trustees for the Cement Masons Health & Welfare Trust Fund for 17 Northern California et al. move for service by publication of the summons and complaint in this 18 lawsuit against Defendant Empire Engineering & Construction and to extend the service deadline 19 by 60 days. [Docket No. 45.] 20 Plaintiffs’ motion and accompanying declaration are deficient in several respects. First, 21 the motion does not address any case law on service by publication. California law allows for 22 service of a summons by publication only “if upon affidavit it appears to the satisfaction of the 23 court . . . that the party to be…