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Obeidallah v. Anglin

United States District Court, S.D. Ohio, Eastern Division

November 9, 2017

DEAN OBEIDALLAH, Plaintiff,
v.
ANDREW B. ANGLIN, et al., Defendants.

          EDMUND A. SARGUS, JR. CHIEF JUDGE

          OPINION AND ORDER

          ELIZABETH A. PRESTON DEAVERS UNITED STATES MAGISTRATE JUDGE

         This matter is before the Court for consideration of Plaintiff's Motion for Leave to Conduct Limited Discovery in Aid of Service and Extend Time for Service. (ECF No. 17.) For the reasons that follow, Plaintiff's Motion is GRANTED IN PART and DENIED IN PART.

         I.

         This action was filed on August 16, 2017. (ECF No. 1.) In his Motion, Plaintiff details his multiple attempts to effect service over Defendant Andrew B. Anglin, both in his capacity as an individual Defendant and as the registered agent for Defendant Moonbase Holdings, LLC (“Moonbase Holdings”). (ECF No. 17 at 1, 5-11.) Plaintiff hired a licensed professional private investigation agency, InfoCorp Investigative Services, LLC (“InfoCorp”), to assist in locating and serving Defendants. (Declaration of Tina L. Schroeder, ¶¶ 2-3, ECF No. 17-1 (“Schroeder Decl.”).) InfoCorp gathered and reviewed reports from multiple sources, including information taken from proprietary databases and from publicly-available materials, to identify Defendant Anglin's address. (Id. at ¶¶ 4-7.) This information revealed the following five last-known addresses for Defendant Anglin:

a. 6827 North High Street, Suite 121, Worthington, OH 43085-2517;
b. 7407 Brandshire Lane, Apartment B, Dublin, OH 43017-3400;
c. 918 Colony Way, Columbus, OH 43235-1720;
d. 979 High Street, Suite 2, Worthington, OH 43085-4047; and
e. 364 West Lane Avenue, Apartment 117, Columbus, OH 43201-1000.

(Id. at ¶ 8.)

         On September 8, 2017, the Court issued summonses directed to Defendant Anglin at the five addresses and to Defendant Moonbase Holdings c/o Defendant Anglin at the North High Street address. (ECF No. 13.) InfoCorp attempted to effect personal service on Defendant Anglin at each of the five addresses in September and October 2017, including two attempts at the North High Street and Colony Way addresses and three attempts at the West Lane Avenue address. (Id. at ¶ 10.) All of these service attempts were unsuccessful. (Id.) Based on the information it collected, InfoCorp has concluded that Defendant Anglin does not reside at any of the five addresses identified above. (Id. at ¶¶ 10-12.)

         Plaintiff also contends that Defendant Anglin is actively concealing his location and purposely evading service of process. Plaintiff notes that, in its fifteen-year history, InfoCorp “finds it unusual to find an individual in their early-30s who lacks an established residential address.” (Schroeder Decl., ¶ 14.) Plaintiff also explains that Defendant Anglin is named in another action captioned Gersh v. Anglin, Case No. 9:17-cv-50, filed in the United States District Court for the District of Montana (“the Montana action”). (ECF No. 17 at 9.) The plaintiff in the Montana action has attempted service on Defendant Anglin at seven last known addresses and has been similarly unsuccessful to date in serving Defendant Anglin. (ECF No. 17 at 4-5, 9; ECF No. 17-2 (affidavit of non-service filed in the Montana action).) Plaintiff also cites to information suggesting that Defendant Anglin's family and girlfriend are helping him avoid service of process. (ECF No. 17 at 9-10; Schroeder Decl., ¶ 12; ECF No. 17-2.) Plaintiff points to other information indicating that Defendant Anglin is purposely concealing his physical address. (ECF No. 17 at 11.) Plaintiff further refers to Defendant Anglin's posts on the internet since this action was filed, which Plaintiff believes show Defendant Anglin is aware of this litigation and “openly mocking the Court[.]” (Id. at 4, 10.) Finally, Plaintiff has emailed both Defendant Anglin and Marc Randazza, an attorney who may represent Defendant Anglin, seeking their cooperation in effecting service, but Plaintiff has not received any response. (Id. at 14.)

         The deadline for effecting service of process is November 14, 2017. Fed.R.Civ.P. 4(m). Plaintiff moves for an additional 90 days to February 12, 2018, in which to effect service on Defendants. (ECF No. 17.) Plaintiff also seeks ...


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