Study Smarter LLC v. StudySmarter UG

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 STUDY SMARTER LLC, Case No.: 22cv471-LL-BGS

Plaintiff,

ORDER DENYING MOTION

v. FOR APPOINTMENT OF

INTERNATIONAL PROCESS

STUDYSMARTER UG, et al,

SERVER

Defendants. [ECF Nos. 7, 8]

17 This matter is before the Court on Plaintiff Study Smarter LLC’s Ex Parte Application for Order Appointing International Process Server, filed on May 11, 2022, to appoint Crowe Foreign Services of Portland, Oregon to effect service on Defendant StudySmarter UG (“Defendant”),1 a limited liability company existing under the laws of Germany. ECF No. 7. Plaintiff filed a virtually identical successive ex parte application

24 1 Plaintiff’s complaint and ex parte applications name ten Doe Defendants without making specific allegations as to the Doe Defendants. The Federal Rules of Civil Procedure make 26 no provision for the use of fictitious defendants. See Fed. R. Civ. P 10(a); Molnar v. Nat’l 27 …