Opinion
Case No. 11-10403.
June 29, 2011
ORDER GRANTING EX PARTE MOTION FOR ALTERNATIVE SERVICE AND FOR ADDITIONAL TIME TO SERVE
On June 1, 2011, Plaintiff Securities Exchange Commission ("SEC") filed an ex parte motion for alternative service of Defendant XiaoQing Du and for additional time to serve Defendant. The court granted additional time in its order of June 17, 2011, but directed the SEC to file a supplemental exhibit showing an example of a similar notice in situ within a newspaper. On June 24, 2011, the SEC filed a supplemental exhibit as directed. However, the court remains concerned about the ability of the proposed means of alternative service to give the requisite notice to Defendant. Specifically, the court notes the contrast between the prominence of the name in the exemplar and prominence of the section headings. Therefore, the court will grant the pending motion with the direction that the name of Defendant be offset and sized similarly to the formatting of "NEW YORK OFFICE SPACE NOW" in the column adjacent to the legal notice in the submitted exemplar. ( See Pl. Resp. Ex. A.) With that modification, the court is convinced that service by the alternative method proposed will afford adequate notice to Defendant. Accordingly,
IT IS ORDERED that the ex parte motion for alternative service and for additional time to serve [Dkt. # 21] is GRANTED. Plaintiff is directed to serve Defendant consistent with the motion and this order.
IT IS FURTHER ORDERED that the time for service is extended until August 31, 2011.