Summons Issued as to Xcentric Ventures, LLC. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (York, Steve) (Entered: 09/28/2018)
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER re 10 memorandum in support of ex parte discovery. The Court grants Davidson's request to subpoena the United States Postal Service for the name and address of the owner(s) and operator(s) of the post office box used by www.ripoffreport.com. Davidson must seek leave of court before issuing any additional subpoenas. (York, Steve) (Entered: 09/06/2018)
Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER denying without prejudice 6 motion for leave to serve the defendant by publication. An individual "may be served in a judicial district of the United States by... 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." Fed. R. Civ. P. 4(e)(1). Under Massachusetts state law, it is within the Court's discretion to order service by publication. Mass. R. Civ. P. 4(d)(1); Alves v. Daly, No. 12-10935-MLW, 2013 WL 1330010, at *5 (D. Mass. Mar. 29, 2013) (citing Santiago v. Marchese, No. 09-ADMS-10002, 2009 WL 1563596, at *2 (Mass. App. Div. May 28, 2009)). However, methods of service must be reasonably calculated to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections. Alves, 2013 WL 1330010, at *5. Publication is a "notoriously inefficient method" that should be used as a method of last resort, Santiago, 2009 WL 1563596, at *2, especially where, as here, the identity of the defendant is largely unknown. Courts in this district have found that a plaintiff suing a John Doe defendant ordinarily should seek narrow discovery ex parte within the prescribed service period in order to identify the Doe defendant for purposes of filing a motion to amend the complaint to name the Doe, followed by service of the complaint. See, e.g., Discount Video Ctr., Inc. v. Does 1-29, No. 12-10805-NMG, 2012 WL 5464175, at *1 (D. Mass. Nov. 7, 2012). (York, Steve) (Entered: 07/18/2018)
Summons Issued as to John Doe 1. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McKillop, Matthew) (Entered: 07/11/2018)
NOTICE of Case Assignment. Magistrate Judge Jennifer C. Boal assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (McDonagh, Christina) (Entered: 07/03/2018)
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