Zapier, Inc. v. Clickdesk, Inc. ( 2022 )

1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION 12 13 ZAPIER, INC., Case No. 4:22-cv-04811-JSW 14 Plaintiff, [PROPOSED] ORDER GRANTING PLAINTIFF ZAPIER, INC.’S MOTION 15 v. FOR LEAVE TO EFFECT ALTERNATIVE SERVICE ON 16 CLICKDESK, INC.; AGILE CRM; DEFENDANTS CLICKDESK, INC., MANOHAR CHAPALAMADUGU, an AGILE CRM, MANOHAR 17 CHAPALAMADUGU AND TO individual; and DOES 1-10, EXTEND TIME TO SERVE 18 DEFENDANTS AS MODIFIED HEREIN Defendants. 19 Date: January 6, 2023 Time: 9:00 a.m. 20 Judge: Hon. Jeffrey S. White 21 Location: Courtroom 5 – 2nd Floor 22 1301 Clay Street 23 Oakland, CA 94612 24 25 26 27 28 1 THIS COURT, having considered the papers filed in support of Plaintiff Zapier, Inc.’s 2 (“Plaintiff”) Motion pursuant to Rules 4(f)(3), 4(h)(2) and 4(e)(1) of the Federal Rules of Civil 3 Procedure for an order permitting Plaintiff to effectuate alternative service on Defendants 4 Clickdesk, Inc., Agile CRM, and Manohar Chapalamadugu (collectively, “Defendants”) by email and social media and for an order extending Plaintiff’s service deadline; and for good cause 5 shown, the Court hereby enters the following Order: 6 IT IS HEREBY ORDERED that said Motion is GRANTED on the grounds that Plaintiff’s 7 proposed methods of service are “reasonably calculated to notify” Defendants “of the pendency 8 of the action” and afford them an opportunity to present their answer and defenses to the charges 9 against them; and such methods are “not prohibited by international agreement.” Rio Properties, 10 Inc. v. Rio Intern. Interlink, 284 F.3d 1007, 1015 (9th Cir. 2002). Accordingly, pursuant to 11 pursuant to Rules 4(f)(3), 4(h)(2) and 4(e)(1) of the Federal Rules of Civil Procedure, Plaintiff 12 may effectuate service of the Summons (Doc. No. 6), Plaintiff’s Complaint (Doc. No. 1), Order 13 Setting Initial Case Management Conference and ADR Deadlines (Doc. No. 7), Order 14 Reassigning Case (Doc. No. 10), Order Setting Case Management Conference and Requiring 15 Joint Case Management Conference Statements (Doc. No. 11), a copy of the Standing Order for 16 All Judges of the Northern District of California re: Contents of Joint Case Management 17 Statement, a copy of Judge White’s Civil Standing Orders, and a copy of the Consent or 18 Declination to Magistrate Judge Jurisdiction form (collectively, the “Service Documents”) via the 19 following methods: 20 1. Emailing the Service Documents to: 21  Defendant Clickdesk, Inc. at info@clickdesk.com and 22 support@clickdesk.com; and 23  Defendant Agile CRM at care@agilecrm.com and sales@agilecrm.com. 2. Sending a message containing a hyperlink to an online repository containing the 24 Service Documents to Defendant Manohar Chapalamadugu (“Chapalamadugu”) personally via 25 three social media accounts: 26  Chapalamadugu’s LinkedIn account located at: 27 https://in.linkedin.com/in/manoharchapalamadugu; 28 ] e Chapalamadugu’s Twitter account located at: 2 https://twitter.com/chapalamadugu; and 3 e Chapalamadugu’s Facebook account located at: 4 https://www.facebook.com/manohar.chapalamadugu.9/. 5 The Court further instructs Plaintiff's counsel to file with this Court a Notice of Electronic 6 Service of Process supported by a signed Declaration confirming the date, time, and manner in 7 which service was effectuated -- which shall be defined as the transmission of the Service Documents upon the Defendants to the referenced e-mail addresses and social media accounts as noted above. Plaintiff shall file this notice within fourteen days of this Order. ° The Court further GRANTS Defendants request for an order extending Plaintiff's service " deadline. Plaintiff shall have six months from the date of this Order to effectuate service on Defendants. The Court FURTHER ORDERS that Plaintiff shall continue to pursue service on Defendants 12 Hague Convention. Finally, the Court reminds Plaintiff to email a Microsoft Word version o $0 ORBERED. wpoccandacomts ov 3 proposed orders 14 || DATED: December 5, 2022, 2923 oA. Jy WV White 15 hie USA: District Court Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 PpRopOSEB}ORDER pam ate ADD pep NAE11