- 3 -entitled “Larry Sinclair”, which includes links to larrysinclair.com, which in turn discusses thiscase. (Decl. ¶ 13 & Ex. 23 p. 13 of 14).
There is no doubt that Rense is aware of this case and is ducking personal service of thesummons and complaint. Given the emails, mailing, and evidence of actual notice, however,service of process should be deemed to have been properly made on Rense and his time toanswer the summons and complaint should begin to run on the date of this Court’s Order to thateffect.
McCluskey v. Belford High Sch.
, 2010 U.S. Dist. LEXIS 62608, *8 (E.D. Mich.June 24, 2010) (“service by e-mail is appropriate and consistent with Due Process incircumstances where the party to be served does business on the internet and via e-mail.”).In the alternative, the Court should Order the use of methods for substitute service onRense pursuant to the Federal Rules and applicable state law. Fed. R. Civ. P. 4(e)(1) providesthat:Unless federal law provides otherwise, an individual—other than aminor, an incompetent person, or a person whose waiver has beenfiled—may be served in a judicial district of the United States by:(1) following state law for serving a summons in an action broughtin courts of general jurisdiction in the state where the district courtis located or where service is made . . . .D.C. Code § 13-431(a)(2) allows service to be made “in the manner prescribed by the law of theplace in which the service is made for service in that place in an action in any of its courts of general jurisdiction . . . .” Because Rense is located in Oregon, he can be served by following amethod prescribed by Oregon law. Oregon Rule of Civil Procedure 7D(6) provides that:D(6)(a)
Court order for service by other method.
On motionupon a showing by affidavit or declaration that service cannot bemade by any method otherwise specified in these rules or otherrule or statute, the court, at its discretion, may order service by anymethod or combination of methods which under the circumstances
Case 1:10-cv-00897-RJL Document 32 Filed 07/28/10 Page 3 of 7