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MOTION For Service by Publication and For Substituted Service On Defendant Jeffrey Rense
MOTION For Service by Publication and For Substituted Service On Defendant Jeffrey Rense
)
DANIEL PARISI, et al., )
)
Plaintiffs, )
v. ) Civil Action No. 10-0897-RJL
)
LAWRENCE W. SINCLAIR a/k/a “Larry Sinclair”, et al., )
)
Defendants. )
)
Plaintiffs, Daniel Parisi, Whitehouse.com Inc., Whitehouse Network LLC, and White
House Communications Inc. (collectively referred to as “plaintiffs”), by counsel, hereby move for
an Order for substituted service on defendant Jeffrey Rense (“Rense”), who has managed to evade
the service of process. In support of this motion, plaintiffs state the following:
BACKGROUND
All of the defendants, except Rense, have been served with the Summons, Complaint,
Local Rule 7.1 Certificate and Notice of Right to Consent to Trial Before a U.S. Magistrate
Public records confirm that Rense owns, resides and/or works at 4896 Highway 66,
Ashland, Oregon 97520. (Decl. ¶ 5 & Exs. 1-9). Plaintiffs made an extraordinary effort to serve
Process on Rense personally, as described in the Affidavit of Sharon Bosch, a private process
server, and Affidavit of Deputy Sheriff Debbie Holbrook (Ex. 11). Their multiple attempts at
On July 2, 2010, a U.S. Postal Service Express Mail package containing the Process was
sent to Rense at 4896 Highway 66, Ashland, Oregon 97520-9712. The package was returned to
A Federal Express package containing the Process was sent that same day to Rense at
4896 Highway 66, Ashland, Oregon 97520, standard overnight with a delivery signature
required. Federal Express made multiple delivery attempts. The last delivery attempt was made
on July 8, 2010. The package was returned to me by Federal Express with the notation, “Refused.”
attached thereto a copy of the Process. The same day, Counsel received an electronically
generated receipt showing the email was delivered. (Decl. ¶ 9 & Exs. 15, 16). On July 1, 2010,
counsel sent another email addressed to renseradio@yahoo.com and attached thereto a copy of
the Process, and received an electronically generated receipt showing the email was delivered on
July 1, 2010. (Decl. ¶ 10 & Exs. 17, 18). On July 1, 2010, plaintiffs’ counsel sent additional
emails to Rense through his “Myspace” pages, attaching thereto copies of the Process. (Decl. ¶ 11
On July 12, 2010, plaintiffs’ counsel sent a letter and copies of the Process addressed to
Rense at 4896 Highway 66, Ashland, Oregon 97520 by first-class mail, postage prepaid. (Decl.
Rense has actual knowledge of this case. On July 27, 2010, Rense’s website, rense.com,
contained a link entitled, “Sinclair Moving to DC to Defend Against Parisi Suit” (Decl. ¶ 13 & Ex.
23 p. 7 of 14). The link leads to the website larrysinclair.com, which contains numerous postings
and documents related to this case. (Decl. ¶ 13 & Ex. 24). Rense’s site also includes a section
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Case 1:10-cv-00897-RJL Document 32 Filed 07/28/10 Page 3 of 7
entitled “Larry Sinclair”, which includes links to larrysinclair.com, which in turn discusses this
ARGUMENT
There is no doubt that Rense is aware of this case and is ducking personal service of the
summons 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 to
answer the summons and complaint should begin to run on the date of this Court’s Order to that
effect. See, e.g., 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 in
circumstances 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 on
Rense pursuant to the Federal Rules and applicable state law. Fed. R. Civ. P. 4(e)(1) provides
that:
D.C. Code § 13-431(a)(2) allows service to be made “in the manner prescribed by the law of the
place in which the service is made for service in that place in an action in any of its courts of
method prescribed by Oregon law. Oregon Rule of Civil Procedure 7D(6) provides that:
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Case 1:10-cv-00897-RJL Document 32 Filed 07/28/10 Page 5 of 7
Accordingly, plaintiffs respectfully request that the Court order that substitute service be
made by (a) the emails reflected in Decl. Exs. 15-21; (b) posting a copy of the Process at Rense’s
address, 4896 Highway 66, Ashland Oregon; and (c) by publication in the Ashland Daily
Tidings, a newspaper of general circulation in Ashland, Oregon, for four successive weeks,
followed by mailing copies of the summons and the complaint to the defendant at such address
by first class mail and certified, registered, or express mail, return receipt requested. See, e.g.,
Great Am. Ins. Co. v. Brillhard, 2009 U.S. Dist LEXIS 13409 (D. Or. Feb. 20, 2009); In re
Cooper, 936 A.2d 832, 834 (D.C. 2007) (Court entered an order allowing Bar Court to make
service by alternate means, and the notice of charges was published in the Daily Washington
The legal notice will comply with Oregon law and be substantially in the following form:
1
While Fed. R. Civ. P. 12(a)(1)(A)(i) requires an answer to be served within 21 days from
service, the Oregon Rule requires that the published notice state that the answer is due in 30
days.
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Case 1:10-cv-00897-RJL Document 32 Filed 07/28/10 Page 6 of 7
This substituted service is reasonably calculated to give Rense notice of this action
CONCLUSION
For the foregoing reasons, plaintiffs respectfully request that their motion for substituted
Kevin M. Bell
PATTON BOGGS LLP
8484 Westpark Drive
McLean, VA 22102
(703) 744-8000
(703) 744-8001 (fax)
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Case 1:10-cv-00897-RJL Document 32 Filed 07/28/10 Page 7 of 7
CERTIFICATE OF SERVICE
I hereby certify that on July 28, 2010, a copy of the foregoing was served on counsel for
the parties that have appeared in the case by the Court’s ECF system and on the following by first
class mail:
Lawrence W. Sinclair
9 Spring Drive
Port Orange, FL 32129
Jeffrey Rense
4896 Highway 66
Ashland, OR 97520-9712
s/ Richard J. Oparil
Richard J. Oparil (DC Bar No. 409723)
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5110485
Case 1:10-cv-00897-RJL Document 32-26 Filed 07/28/10 Page 1 of 2
)
DANIEL PARISI, et al., )
)
Plaintiffs, )
v. ) Civil Action No. 10-0897-RJL
)
LAWRENCE W. SINCLAIR a/k/a )
“Larry Sinclair”, et al., )
)
Defendants. )
)
Upon consideration of the plaintiffs’ motion for substituted service on defendant Jeffrey
ORDERED that plaintiffs’ motion for substituted service on Rense is hereby GRANTED;
ORDERED, that Rense shall be deemed served by email, U.S. mail, and the posting of
case-related information on rense.com, and his answer to the complaint shall be filed and served
ORDERED, in the alternative, that substitute service on Rense shall be made by: (a) the
emails reflected in Ex. A, Exs. 15-21; (b) posting a copy of the Process at Rense’s address, 4896
Highway 66, Ashland Oregon; and (c) by publication in the Ashland Daily Tidings, a newspaper
of general circulation in Ashland, Oregon, for four successive weeks, followed by mailing copies
of the summons and the complaint to the defendant at such address by first class mail and
certified, registered, or express mail, return receipt requested; and it is further hereby
Case 1:10-cv-00897-RJL Document 32-26 Filed 07/28/10 Page 2 of 2
ORDERED, that Rense’s answer to the complaint shall be filed and served 30 days from
the date of posting of the summons and complaint and publication for four consecutive weeks.
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