There are options other than providing the papers to the defendant directly. Serving someone (18 and over) who lives at defendant's address is one of them. They could also go to your place of work and leave them with your boss.
If there is an issue with said service, it would surely be brought up as it was in Melinda's lawsuit with Null. She alleged that he was properly served via a pack-n-ship employee where his LLC's electronic mailbox is located. She won a default judgment and then Null made an appearance later on. I think we're still waiting on the judge to rule on that.
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I believe Akilah had some trouble serving Sargon, but he ended up accepting her attempts anyway.
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I believe this is a federal case, and they allow for summons to be served on adults living in the home without any request for substitute service.Is this Dean's address though? Also, I'm pretty sure that its a smell test. You can serve someone through newspapers too. But you have to show you put in effort to serve them personally?
(e) Serving an Individual Within a Judicial District of the United States. Unless federal law provides otherwise, an individual—other than a minor, an incompetent person, or a person whose waiver has been filed—may be served in a judicial district of the United States by:
(1) following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made; or
(2) doing any of the following:
(A) delivering a copy of the summons and of the complaint to the individual personally;
(B) leaving a copy of each at the individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there; or
(C) delivering a copy of each to an agent authorized by appointment or by law to receive service of process.
If he actually lives there, yes. Generally, service of process must conform to the Federal Rules or alternately to the local rules of the jurisdiction where service is sought. That can be achieved in California on any competent adult in the household where the defendant resides.
Is this Dean's address though?
If he were inclined to argue that he wasn't properly served at the address in the complaint, he probably shouldn't have live streamed the cease and desist that was sent there prior to the lawsuit.I haven't really gone over it with a microscope but I don't see anything obviously wrong with it, other than the possibility Dean doesn't even live there, which I know nothing about.
Technically the trademark dispute isn't an issue filed by the Plaintiffs for this particular case, but if a resolution is made by the court in the dispute then I'll mention it in the OP.Frog filed his motion to dismiss over the comicsgate™ dispute
@5t3n0g0ph3r can you add this to OP? I know the thread is mostly about the defamation bs, but this is the second lawfare between @PocketJacks and @FROG. It's probably easiest to discuss and find updates here rather than spread randomly throughout the CG thread.
Link to PDF: https://storage.courtlistener.com/recap/gov.uscourts.txnd.348341/gov.uscourts.txnd.348341.18.0.pdf
Ethan has a lawyer. There's a clip of him saying that he won't be commenting on the case and will be leaving things to his attorney. He was served the day after DA, so we should see his answer shortly.
it's a good basic response. It denies any wrongdoing without trying to sound legally substantial, which for this he can pull off. The real test will be his 12(b)(6) motion that he will have to file, in which he can copy EVS's motion. Dean simply had a finite amount of time to respond, the 12(b)(6) doesn't have as painful a limitation.Link to PDF: https://storage.courtlistener.com/recap/gov.uscourts.txnd.348341/gov.uscourts.txnd.348341.18.0.pdf
Dean is going to be a Pro Se Litigant? Dean, unless you know what you are doing, choosing the Russell Greer method isn't exactly the best option. Just ask Melinda Scott (actually, don't ask her. She's nuts) or Kristen "Krissy Rose" Rubin (the crazy stalker from Quinton Flynn's court hearing. Seriously, Dean, look up that document. It's a great example of what NOT to do if you are a Pro Se Litigant).
I'm now curious how @FROG will respond and if a lawyer will represent him.
I'll add the info on @FROG's lawyers to the OP later.it's a good basic response. It denies any wrongdoing without trying to sound legally substantial, which for this he can pull off. The real test will be his 12(b)(6) motion that he will have to file, in which he can copy EVS's motion. Dean simply had a finite amount of time to respond, the 12(b)(6) doesn't have as painful a limitation.
EVS filed his Motion to Dismiss.
Minor nitpick, they spell EVS's name as "Ethan van Sciver" in the text but as "Ethan van Scriver" in a footnote. Similarly, they call it Demonatrix throughout the text, but Dominatrix in footnotes. No big deal really. It cites all those nice civ pro cases from 1L.EVS filed his Motion to Dismiss.