Filed: May 12, 2016
Latest Update: May 12, 2016
Summary: MEMORANDUM DECISION AND ORDER GRANTING MOTION FOR RELEASE OF VEHICLE RECORDS AND DENYING WITHOUT PREJUDICE MOTION FOR ALTERNATIVE SERVICE BROOKE C. WELLS , Magistrate Judge . Before the court are two motions both filed by Defendant Xcentric Ventures, LLC (Xcentric). Xcentric first moves the court for an order allowing it to serve via certified mail a subpoena to Anthony Rees to "Produce Documents and Testify at a Deposition in a Civil Action." 1 Xcentric argues alternative service is warra
Summary: MEMORANDUM DECISION AND ORDER GRANTING MOTION FOR RELEASE OF VEHICLE RECORDS AND DENYING WITHOUT PREJUDICE MOTION FOR ALTERNATIVE SERVICE BROOKE C. WELLS , Magistrate Judge . Before the court are two motions both filed by Defendant Xcentric Ventures, LLC (Xcentric). Xcentric first moves the court for an order allowing it to serve via certified mail a subpoena to Anthony Rees to "Produce Documents and Testify at a Deposition in a Civil Action." 1 Xcentric argues alternative service is warran..
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MEMORANDUM DECISION AND ORDER GRANTING MOTION FOR RELEASE OF VEHICLE RECORDS AND DENYING WITHOUT PREJUDICE MOTION FOR ALTERNATIVE SERVICE
BROOKE C. WELLS, Magistrate Judge.
Before the court are two motions both filed by Defendant Xcentric Ventures, LLC (Xcentric). Xcentric first moves the court for an order allowing it to serve via certified mail a subpoena to Anthony Rees to "Produce Documents and Testify at a Deposition in a Civil Action."1 Xcentric argues alternative service is warranted here because Defendant has "attempted to serve Mr. Rees in person sixteen separate times at the address Mr. Rees gave as his current home address."2 Xcentric also seeks an order releasing the vehicle records of Anthony Rees.3 As set forth below the court grants the motion to release vehicle records and denies without prejudice the motion for alternative service.
Based upon Rule 7 of the Federal Rules, Utah Code § 41-1a-1164 and 18 U.S.C. § 2721,5 Xcentric seeks an order releasing the vehicle records of Anthony Rees. Xcentric argues it is entitled to these records because despite its best efforts, Defendant has been unable to serve Mr. Rees who is a key witness in this case. Xcentric seeks to serve Mr. Rees with a "subpoena to produce documents and appear for a deposition."6 Mr. Rees allegedly made a defamatory statement that gave rise to Plaintiff's claims in this case.
Under Utah law access to motor vehicle records "is permitted for all purposes in the federal Driver's Privacy Protection Act" (DPPA).7 The DPPA provides that personal information may be disclosed for "use in connection with any civil . . . proceeding in any Federal, State, or local court . . . including the service of process."8 Xcentric sought this information previously but was denied and told by the Utah State Tax Commission that an order signed by a judge is necessary. The court will grant Xcentric's motion based upon its prior efforts to serve Mr. Rees. Additionally, the court finds the requirements of the DPPA and Utah Code § 41-1a-116 are met.
Because the court will allow Xcentric another avenue to try and serve Mr. Rees it will at this time deny without prejudice the Motion for Alternative Service. If Xcentric's efforts via the motor vehicle records prove unfruitful it may bring the motion again.
ORDER
It is therefore ORDERED that Xcentric's Motion for Order Releasing Vehicle Records is GRANTED. The Utah State Tax Commission is ORDERED to provide the motor vehicle information for Anthony Rees for use in this court proceeding.
IT IS FURTHER ORDERED that Xcentric's Motion for Alternative Service is DENIED WITHOUT PREJUDICE.
IT IS SO ORDERED.
