SOUTHERN DISTRICT OF OHIO EASTERN DIVISION CASE NO. … · ANDREW B. ANGLIN, DBA Daily Stormer, and...

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION DEAN OBEIDALLAH,

Plaintiff,

v. ANDREW B. ANGLIN,

DBA Daily Stormer, and MOONBASE HOLDINGS, LLC,

DBA Andrew Anglin, and JOHN DOES NUMBERS 1–10,

Individuals who also assisted in the publication or representation of false statements regarding Mr. Obeidallah,

Defendants.

CASE NO. 2:17-CV-00720-EAS-EPD Chief Judge Edmund A. Sargus Magistrate Judge Elizabeth Preston Deavers

PLAINTIFF’S MOTIONS FOR SERVICE BY PUBLICATION AND TO EXTEND TIME FOR SERVICE

Case: 2:17-cv-00720-EAS-EPD Doc #: 24 Filed: 01/26/18 Page: 1 of 9 PAGEID #: 325

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PLAINTIFF’S MOTIONS FOR SERVICE BY PUBLICATION AND TO EXTEND TIME FOR SERVICE

Plaintiff Dean Obeidallah respectfully moves the Court to direct the Clerk of the Court to

serve Defendant Andrew B. Anglin by publication as provided under federal and Ohio state law.

Mr. Obeidallah further moves under Rule 4(m) of the Federal Rules of Civil Procedure for an

extension of time to serve Defendant Anglin and the Doe defendants. As described in the

accompanying memorandum, good cause exists for the requested extension. Mr. Obeidallah has

attached a proposed order for the Court’s consideration.

Respectfully submitted,

Abid R. Qureshi (D.C. Bar No. 459227) LATHAM & WATKINS LLP 555 Eleventh St., NW, Suite 1000 Washington, D.C. 20004-1304 Phone: 202.637.2200 Fx: 202.637.2201 [email protected]

Johnathan Smith (D.C. Bar No. 1029373) Juvaria Khan (N.Y. Bar No. 5027461) MUSLIM ADVOCATES P.O. Box 66408 Washington, D.C. 20035 Phone: 202.897.1894 [email protected] [email protected] Admitted pro hac vice

/s/ Donald Screen Subodh Chandra (OH Bar No. 0069233) Donald Screen (OH Bar No. 0044070) THE CHANDRA LAW FIRM LLC 1265 W. 6th St., Suite 400 Cleveland, OH 44113-1326 Phone: 216.578.1700 Fx: 216.578.1800 [email protected] [email protected] Attorneys for Plaintiff Dean Obeidallah


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MEMORANDUM IN SUPPORT OF PLAINTIFF’S MOTIONS FOR SERVICE BY PUBLICATION AND TO EXTEND TIME FOR SERVICE

Nearly five months after the Complaint in this action was filed, Defendant Andrew B.

Anglin continues to elude service of process by concealing his Ohio residence. Despite diligent

efforts to identify Defendant Anglin’s residence and satisfy his service obligations, Plaintiff Dean

Obeidallah has concluded, by and through his counsel, that Defendant Anglin’s residence (an Ohio

residence) is unknown and cannot be ascertained with reasonable diligence.1 To that end,

Mr. Obeidallah respectfully moves the Court to direct the Clerk of the Court (the “Clerk”) to serve

Defendant Anglin by publication as provided under federal and Ohio state law. Mr. Obeidallah

further moves under Rule 4(m) of the Federal Rules of Civil Procedure for an extension of time to

serve Defendant Anglin. Good cause exists for the requested extension.

I. SERVICE OF DEFENDANT ANDREW B. ANGLIN BY PUBLICATION

Rule 4(e)(1) of the Federal Rules of Civil Procedure provides that “an individual . . . may be

served in a judicial district of the United States by following state law for serving a summons in an

action brought in courts of general jurisdiction in the state where the district court is located or

where service is made.” Alternatively, Rule 4.4(A)(1) of the Ohio Rules of Civil Procedure (the

“Ohio Rules”) provides, in relevant part, that “if the residence of a defendant is unknown, service

1 This conclusion is consistent with Mr. Obeidallah’s pending Renewed Motion for Leave to Conduct Limited Discovery in Aid of Service (the “Renewed Motion”), which seeks to take limited pre-service discovery from five persons and/or institutions that likely have knowledge of Defendant Anglin’s whereabouts. ECF No. 23. Mr. Obeidallah maintains that such discovery is needed to avoid Defendant Anglin drawing Mr. Obeidallah and this Court into a protracted dispute regarding sufficiency of service, personal jurisdiction, and subject-matter jurisdiction. But, since such pre-service discovery is atypical under Rule 26, Mr. Obeidallah’s counsel can now credibly conclude that Defendant Anglin’s Ohio residence “cannot be ascertained with reasonable diligence.” Oh. R. Civ. P. 4(A)(1) (emphasis added); see also Ord. at 4, ECF No. 19 (finding Fed. R. Civ. P. 26 “prohibits discovery before the Rule 26(f) conference except under certain circumstances, including when a court orders such discovery”).


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shall be made by publication” (“Service by Publication”). Ohio Rule 4.4(A)(1) prescribes a three-

step process for Service by Publication.

First, to proceed with Service by Publication, “a party or his counsel” must submit an

affidavit

aver[ring] that service of summons cannot be made because the residence of the defendant is unknown to the affiant, all of the efforts made on behalf of the party to ascertain the residence of the defendant, and that the residence of the defendant cannot be ascertained with reasonable diligence.

Oh. R. Civ. P. 4.4(A)(1). Attached hereto as Exhibit 1 is an Affidavit by Donald Screen, counsel of

record for Mr. Obeidallah, averring that: (1) service of the summons and complaint in the above-

captioned action cannot be made on Defendant Anglin because his residence (an Ohio residence) is

unknown to Plaintiff Obeidallah and his counsel, Ex. 1, D. Screen Aff. ¶ 20; (2) the diligent and

exhaustive efforts that Mr. Obeidallah has taken, by and through his counsel and agents, to ascertain

Defendant Anglin’s residence, id. ¶¶ 2-19; and (3) that Defendant Anglin’s residence (an Ohio

residence) cannot be ascertained with reasonable diligence, id. ¶ 20.

Second, “[u]pon the filing of the affidavit,” Ohio Rule 4.4(A)(1) states, in relevant part, that:

the clerk shall cause service of notice to be made by publication in a newspaper of general circulation in the county in which the complaint is filed. . . . The publication shall contain the name and address of the court, the case number, the name of the first party on each side, and the name and last known address, if any, of the person or persons whose residence is unknown. The publication also shall contain a summary statement of the object of the complaint and demand for relief, and shall notify the person to be served that he or she is required to answer within twenty-eight days after the publication.

Attached hereto is a proposed order suggesting language for notice to Defendant Anglin that

complies with Ohio Rule 4.4(A)(1)’s requirements. Plaintiff requests that the Clerk publish the

Notice in The Daily Reporter, which is a “general circulation newspaper” and “Central Ohio’s only

daily business and legal newspaper.” http://www.thedailyreporteronline.com/about/ (Jan. 18,

2018). The Daily Reporter is also “the official newspaper for all courts of record of Franklin County,


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Ohio.” Id. Plaintiff is willing to bear any cost or expense associated with publishing notice to

Defendant Anglin in The Daily Reporter, or any other “newspaper of general circulation” that the

Clerk deems compliant with Ohio Rule 4.4(A)(1).

Finally, the Ohio Rules state:

The publication shall be published at least once a week for six successive weeks unless publication for a lesser number of weeks is specifically provided by law. Service shall be complete at the date of the last publication.

After the last publication, the publisher or its agent shall file with the court an affidavit showing the fact of publication together with a copy of the notice of publication. The affidavit and copy of the notice shall constitute proof of service.

Oh. R. Civ. P. 4(A)(1). Assuming the Court directs the Clerk to initiate Service by Publication

between January 29 and February 2, 2018, Plaintiff estimates that the last publication will occur

between March 12 and 16, 2018. Plaintiff further estimates that Defendant Anglin’s twenty-eight

(28) day period to file a responsive pleading would then fall between April 9 and 13, 2018.

II. MOTION FOR LEAVE TO EXTEND TIME FOR SERVICE

Rule 4(m) provides that plaintiffs must serve defendants within 90 days of the complaint’s

filing. “[I]f the plaintiff shows good cause for” its failure to serve defendants within that 90-day

period, “the court must extend the time for service for an appropriate period.” Fed. R. Civ. P. 4(m)

(emphasis added). “Good cause to extend the time requirements of Rule 4 may exist . . . when a

defendant intentionally evades service of process.” Wise v. Dep’t of Def., 196 F.R.D. 52, 54 (S.D. Ohio

1999) (citing Friedman v. Estate of Presser, 929 F.2d 1151, 1157 (6th Cir. 1991)). “Diligence and

reasonable efforts to serve process may demonstrate good cause under the rule.” In re S. Indus.

Banking Corp., 205 B.R. 525, 534 (E.D. Tenn. 1996) (citation omitted).

Mr. Obeidallah was originally required to effect service on all defendants on or before

November 14, 2017. On November 9, 2017, the Court entered an Order extending

Mr. Obeidallah’s time period to effect service until February 12, 2018. Good cause exists to further


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extend this period with regard to Defendant Anglin and the Doe Defendants. As explained in the

attached Affidavit, Mr. Obeidallah has continued to make diligent efforts to effect service on

Defendant Anglin since the last-authorized extension that were reasonably calculated, under all

circumstances, to apprise Defendant Anglin of the pendency of this Action and afford him an

opportunity to present his objections. See Ex. 1, D. Screen Aff. ¶¶ 11-19.

First, Mr. Obeidallah requested on October 30, 2017 that the Clerk of the Court seek to

serve Defendant Anglin by certified mail at his five last-known addresses. Ex. 1, D. Screen

Aff. ¶ 11. Mr. Obeidallah continues to carefully monitor those mailings; two remain outstanding,

with the most recent update having been provided by the U.S. Postal Service on January 2, 2018.

Id. ¶ 17(a)-(e).

Second, Mr. Obeidallah has carefully monitored developments in Gersh v. Anglin, 9:17-CV-

00060-DLC-JCL (D. Mont.) (the “Gersh Action”). Defendant Anglin entered an appearance, by and

through counsel, in that matter on November 14, 2017 and filed a motion to dismiss on November

30, 2017. Ex. 1, D. Screen Aff. ¶ 14. This greatly informed Mr. Obeidallah’s approach to service in

this action. For example, Defendant Anglin filed a motion to dismiss in the Gersh Action on

November 30, 2017 which established Mr. Obeidallah’s previously-stated suspicions—Defendant

Anglin challenged sufficiency of service via publication by alleging (albeit unconvincingly and in

conclusory fashion) that he is not an Ohio resident. Id.

Third, Mr. Obeidallah’s counsel sent emails to Messrs. Jay M. Wolman and Mathew

M. Stevenson, two attorneys who entered appearances on Defendant Anglin’s behalf in the Gersh

Action. Id. ¶ 15. Those emails attached copies of this Action’s Complaint (and exhibits thereto) and

Summonses. Neither Messers. Wolman nor Stevenson has responded to those emails. Id.

Fourth, on December 22, 2017, Mr. Obeidallah filed his Renewed Motion for Leave to

Conduct Limited Discovery in Aid of Service (the “Renewed Motion”). ECF No. 23. The Renewed


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Motion sought to direct narrowly tailored subpoenas duces tecum to five persons and institutions that

appeared to have long-standing relationships with Defendant Anglin and/or the Daily Stormer and

would likely have information relevant to discovering Defendant Anglin’s residence (an Ohio

residence). The Court has not yet ruled on Plaintiff’s Renewed Motion, and Mr. Obeidallah has

limited means to effectuate in-person service on Defendant Anglin without leave for the requested

discovery.

Finally, as set forth above in Part I, Mr. Obeidallah now moves the Court to direct the Clerk

to proceed with Service by Publication. This process will take, at minimum, 42 days from the day of

the first publication.

Plaintiff respectfully requests that the Court extend the deadline for service of Defendant

Anglin and the Doe Defendants for an additional 56 days from the date the Court orders the Clerk

to effect Service by Publication. Good cause exists for such an extension as to Defendant Anglin

because it will provide Mr. Obeidallah sufficient time to complete Service by Publication—six weeks

to publish notice and two weeks for ministerial actions, such as the publisher’s filing of an affidavit

with the Court. Good cause also exists for such an extension as to the Doe Defendants because

Plaintiff cannot reasonably identify and attempt service on these unknown individuals until he can

take discovery from Defendants Anglin and/or Moonbase Holdings regarding the Doe Defendants’

identities.

III. CONCLUSION

For reasons set forth herein, Mr. Obeidallah respectfully moves the Court to direct the Clerk

to serve Defendant Anglin by publication as provided under federal and Ohio state law.

Mr. Obeidallah further requests that the Court extend his time to effect service on Defendant

Anglin and the Doe Defendants for an additional 56 days from the date the Court orders the Clerk

to effect Service by Publication. Good cause exists for said extension.


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Respectfully submitted,

/s/ Donald Screen Abid R. Qureshi (D.C. Bar No. 459227) LATHAM & WATKINS LLP 555 Eleventh St., NW, Suite 1000 Washington, D.C. 20004-1304 Phone: 202.637.2200 Fx: 202.637.2201 [email protected]

Johnathan Smith (D.C. Bar No. 1029373) Juvaria Khan (N.Y. Bar No. 5027461) MUSLIM ADVOCATES P.O. Box 66408 Washington, D.C. 20035 Phone: 202.897.1894 [email protected] [email protected] Admitted pro hac vice

Subodh Chandra (OH Bar No. 0069233) Donald Screen (OH Bar No. 0044070) THE CHANDRA LAW FIRM LLC 1265 W. 6th St., Suite 400 Cleveland, OH 44113-1326 Phone: 216.578.1700 Fx: 216.578.1800 [email protected] [email protected] Attorneys for Plaintiff Dean Obeidallah


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CERTIFICATE OF SERVICE

I certify that I served this motion, memorandum, and all attachments thereto on Defendant

Moonbase Holdings, LLC by first class mail directed to:

Moonbase Holdings, LLC C/O Andrew B. Anglin

PO Box 208 Worthington, OH 43085

I further certify that I transmitted copies of this motion, memorandum, and all attachments

thereto to the Clerk of the Court for purpose of serving Defendant Andrew B. Anglin and the Doe

Defendants because those defendants have no known address.

DATED: January 26, 2018 /s/ Donald Screen

Subodh Chandra (OH Bar No. 0069233) Donald Screen (OH Bar No. 0044070) THE CHANDRA LAW FIRM LLC 1265 W. 6th St., Suite 400 Cleveland, OH 44113-1326 Phone: 216.578.1700 Fx: 216.578.1800 [email protected] Attorneys for Plaintiff Dean Obeidallah


Case: 2:17-cv-00720-EAS-EPD Doc #: 24-1 Filed: 01/26/18 Page: 1 of 9 PAGEID #: 334

EXHIBIT 1-A



EASTERN DNISION

DEAN OBEIDALLAH,

Plaintiff,

v.

ANDREW B. ANGLIN, DBA Daily Stormer,

and

MOONBASE HOLDINGS, LLC, DBA Andrew Anglin,

and

JOHN DOES NUMBERS 1-10, Individuals who also assisted in the publication or representation of false statements regarding Mr. Obeidallah,

Defendants.

CASE NO. 2:17-CV-00720-EAS-EPD

CHIEF JUDGE EDMUND A. SARGUS

MAGISTRATE JUDGE ELIZABETH PRESTON DEAVERS

DECLARATION OF TINA L. SCHROEDER

1. My name is Tina L. Schroeder. I am over the age of eighteen, have never been

convicted of a crime, and I am competent to make this Declaration.

2. I am the Owner and President of InfoCorp Investigative Services, LLC

("InfoCorp"), an Ohio licensed professional Private Investigation Agency (License No.

2003001173) located in Columbus, Ohio. lnfoCorp is a member of the:

a. Alliance of Investigative and Security Specialists

b. International Process Servers Association;


c. National Association of Investigative Specialists;

d. National Association of Legal Investigators;

e. National Association of Professional Process Servers.

f. National Council of Investigation & Security Services; and

g. Ohio Association of Security& Investigative Specialists.

3. InfoCorp has been retained by the law firm of Latham & Watkins LLP on behalf

of Mr. Dean Obeidallah to coordinate service of the Defendants in certain litigation styled

Obeidallah v. Anglin, et al. in the United States District Court for the Southern District of Ohio,

Eastern Division (the "Lawsuit").

I. INFOCORP IDENTIFIES DEFENDANT ANGLIN'S FIVE LAST-KNOWN ADDRESSES

4. On or about August 30, 2017, the reports were reviewed from LexisNexis

Accurint® and TransUnion's TLOxp® with regard to Defendants Anglin and Moonbase

Holdings, LLC ("Moonbase"). These reports reflect, among other things, information regarding

criminal records, last-known addresses, driver's licenses, vehicles, familial relations, and

possible associates for Defendant Anglin and individuals associated with Defendant Moonbase.

5. On or about September 7, 2017, InfoCorp collected and reviewed a Records

Search Report from the Ohio Department of Public Safety, Bureau of Motor Vehicles. Reports

were also collected and reviewed reports from IRBsearch®. These reports contained information

similar to those reports discussed above in -u 4.

6. I also reviewed publicly-available materials regarding efforts to locate and serve

Defendant Anglin in the Gersh actions, namely Mr. Brian Barton's affidavits of non-service and

the attachments thereto.

2


7. I also reviewed public filings by or on behalf of Defendant Anglin with the Ohio

Secretary of State which appeared to contain the following information:

a. On or about September 2, 2016, Defendant Anglin filed Articles of

Organization for Defendant Moonbase with the Ohio Secretary of State. Defendant Anglin

apparently designated himself Moonbase' s Statutory Agent for service of process, with his

address listed as 6827 North High Street, Suite 121, Worthington, OH 43085-2517.

b. On or about December 1, 2016, Greg Anglin, who on information and

belief is Defendant Anglin's father, registered "Daily Stormer" as a trade name on Defendant

Anglin's behalf. Defendant Anglin is identified as the "Registrant," and his address is listed as

6827 North High Street, Suite 121, Worthington, OH 43085-2517.

c. On or about January 5, 2017, Greg Anglin, who I understand is Defendant

Anglin's father, registered "Andrew Anglin" as a trade name with the Ohio Secretary of State on

behalf of Defendant Moonbase. Defendant Moonbase's address is again listed as 6827 North

High Street, Suite 121, Worthington, OH 43085-2517, which is consistent with Defendant

Anglin's prior representations to the Ohio Secretary of State.

8. Based on information derived from the reports ran on Defendant Anglin, lnfoCorp

attempted personal service of process on Defendant Anglin at his five last-known addresses

located at:

a. 6827 North High Street, Suite 121, Worthington, OH 43085-2517;

b. 7407 Brandshire Lane, Apartment B, Dublin, OH 43017-3400;

c. 918 Colony Way, Columbus, OH 43235-1720;

d. 979 High Street, Suite 2, Worthington, OH 43085-4047; and

e. 364 West Lane Avenue, Apartment 117, Columbus, OH 43201-1000.

3


9. On or about September 8, 2017, I collected and reviewed additional information

from the Ohio Bureau of Motor Vehicles regarding Defendant Anglin's previously-registered

vehicle. Defendant Anglin apparently registered the vehicle using the address at 918 Colony

Way, Columbus, OH 43235-1720. The registration expired on June 3, 2010.

ll. INFOCORP'S EFFORTS TO LOCATE AND SERVE DEFENDANT ANGLIN

10. On or about September 12, 2017, I directed InfoCorp investigators to attempt in-

person service of Defendant Anglin at the five last-known addresses identified above in 8.

Subsequent attempts were made at the addresses, as needed, on or about September 18 and

October 2, 2017. InfoCorp's efforts to locate and serve Defendant Anglin at his last-known

addresses involved the actions summarized below:

a. 6827 North High Street, Suite 121, Worthington, OH 43085-2517:

InfoCorp investigators attempted service on Defendant Anglin at this address on or about

September 12 and 18, 20 17. The address is a multi-unit office building. In sum, the investigator

found substantial evidence that Suite 121 is owned and operated by Greg Anglin, the individual I

understand as Defendant Anglin's father. This information included the appearance of the name

"Morningstar Ministries" in the building directory, which according to the Ohio Secretary of

State is a non-profit corporation operated by Greg Anglin. Upon entry into Suite 121, the

investigator also saw mail addressed to Greg Anglin openly displayed on the unoccupied

reception desk. The investigator also conferred with an individual who stated that he rented

space from Greg Anglin within Suite 121 and persons employed by businesses within the same

building. Through these conversations, and the absence of any evidence to the contrary, the

investigator confirmed that Defendant Anglin does not reside at or regularly visit this address.

On or about September 29, 2017, the InfoCorp investigator completed a Proof of Service

4


affidavit stating that they were returning the summons unexecuted because Defendant Anglin

was not found at the location.

b. 7407 Brandshire Lane. Apartment B, Dublin, OH 43017-3400: lnfoCorp

investigators attempted service on Defendant Anglin at this address on or about September 12,

2017. The address is a multi-unit residential building. In sum, the investigator spoke to a current

resident who stated that she resided at the apartment for one year. The current resident stated

that she had no knowledge of Defendant Anglin. On or about September 29, 2017, the lnfoCorp

investigator completed a Proof of Service affidavit stating that they were returning the summons

unexecuted because Defendant Anglin was not found at the location.

c. 918 Colony Way. Columbus, OH 43235-1720: InfoCorp investigators

attempted service on Defendant Anglin at this address on or about September 12 and 18, 2017.

The address is a single-family home. The investigator took note of a plaque near the home's

entrance identifying the owner's surname as one different from Defendant Anglin. The plaque

also stated "established March 20, 2004." In addition, the investigator spoke to a current resident

who stated that her family had purchased the home from Greg Anglin, who I understand is

Defendant Anglin's father, and no member of the Anglin family currently resided at this address.

On or about September 29, 2017, the InfoCorp investigator completed a Proof of Service

affidavit stating that they were returning the summons unexecuted because Defendant Anglin

was not found at the location.

d. 979 High Street, Suite 2, Worthington, OH 43085-4047: InfoCorp

investigators attempted service on Defendant Anglin at this address on or about September 12,

2017. The address is a multi-unit office building. The building's directory did not reflect

evidence that Defendant Anglin or any affiliated individual occupied the building. The

5


investigator also spoke with a woman employed by another company within the four-suite

building. The woman, who stated she had been employed by the company for five years, stated

that Greg Anglin rented an office within the building approximately three years ago but had

since vacated the space. This is consistent with records from the Ohio Secretary of State, which

suggest Greg Anglin's Morning Star Ministries occupied this address until approximately May

19, 2015. On or about September 29, 2017, the InfoCorp investigator completed a Proof of

Service affidavit stating that they were returning the summons unexecuted because Defendant

Anglin was not found at the location.

e. 364 West Lane A venue, Apartment 117, Columbus, OH 43201-1000:

lnfoCorp investigators attempted service on Defendant Anglin at this address on or about

September 12 and 18, as well as on or about October 2, 2017. The address is a multi-unit

residential building. The investigator found that there was no Suite 117 at this location.

Through consultation with the apartment building's leasing office staff, the investigator learned

this likely references 11th floor, apartment 17. Alternatively, it may reference the P.O. Box 117,

which leasing staff stated is associated with Apartment 609. The investigator attempted service

at each address multiple times. The apartment building's leasing office staff also searched the

building's resident portal system, which includes a log of all past and present residents. The

leasing office staff reported that Defendant Anglin has never resided at this address. On or about

October 2, 2017, the InfoCorp investigator completed a Proof of Service affidavit stating that

they were returning the summons unexecuted because Defendant Anglin was not found at the

location.

11. On or about September 20, 2017, I collected and reviewed another report from

TransUnion's TLOxp® regarding Defendant Anglin. This report confirmed that the five last-

6


known addresses identified above in 8(a)-(e) were validly associated with Defendant Anglin

based on currently available infonnation.

12. On or about September 27, 2017, I submitted requests to the U.S. Post Office for

information regarding P.O. Boxes identified as associated with Defendant Anglin. With regard

to P.O. Box 340966, Columbus, Ohio 43234-0966, the U.S. Post Office reported that it is

registered to Kathryn Anglin at 7407 Brandshire Lane, Apartment B, Dublin, Ohio 43017.

Based on the aforementioned search reports, I believe that Kathryn Anglin is likely the

Defendant's relative. As explained above I O(b), Defendant Anglin no longer resides at this

P.O. Box's registered address.

ill. INFOCORP IS UNLIKELY TO LOCATE AND SERVE DEFENDANT ANGLIN BASED ON CURRENTLY-AVAILABLE INFORMATION

13. Based on my experience and professional judgment, I believe it highly unlikely

that InfoCorp will successfully locate and serve Defendant Anglin without new information

regarding his whereabouts.

14. In InfoCorp's 15-year history, it is unusual to find an individual in their early-30s

who lacks an established residential address.

* * * * * 15. I declare under penalty of perjury that the foregoing is true and correct.

, Ohio on )B-rb of October, 2017.

Tina L. Schroeder Owner and President oflnfoCorp Investigative Services, LLC

7


EXHIBIT 1-B


09/08/2017


EXHIBIT 1-C


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of 3


EASTERN DIVISION DEAN OBEIDALLAH,

Plaintiff,

v. ANDREW B. ANGLIN,

DBA Daily Stormer, and MOONBASE HOLDINGS, LLC,

DBA Andrew Anglin, and JOHN DOES NUMBERS 1–10,

Individuals who also assisted in the publication or representation of false statements regarding Mr. Obeidallah,

Defendants.

CASE NO. 2:17-CV-00720-EAS-EPD Chief Judge Edmund A. Sargus Magistrate Judge Elizabeth Preston Deavers

[PROPOSED] ORDER GRANTING PLAINTIFF’S MOTIONS FOR SERVICE BY PUBLICATION AND TO EXTEND TIME FOR SERVICE

This matter is before the Court on Plaintiff’s Motions for Service By Publication and to

Extend Time for Service. For good cause shown, Plaintiff’s motions are GRANTED.

It is ORDERED that the following notice of this Order be published in The Daily Reporter,

580 South High Street, Columbus, Ohio 43215, once a week for six (6) consecutive weeks

(“Publication”):


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Public Notice U.S. District Court,

Southern District of Ohio Eastern Division

2:17-CV-00720-EAS-EPD

Dean Obeidallah, Plaintiff versus Andrew B. Anglin, doing business as the “Daily Stormer,” et al., Defendants.

Andrew B. Anglin, whose last known address is unknown, is hereby notified that a complaint was filed in the U.S. District Court, Southern District of Ohio, Eastern Division, Joseph P. Kinneary U.S. Courthouse, 85 Marconi Boulevard, Columbus, Ohio 43215 (case number 2:17-CV-00720-EAS-EPD), alleging that Plaintiff Dean Obeidallah is a comedian, commentator, and host of a national daily radio show; that Defendant Anglin, with malice and reckless disregard, published false statements asserting that Plaintiff Obeidallah is a terrorist who is wanted by and evading law enforcement; that Defendant Anglin fabricated evidence to support those false accusations regarding Plaintiff Obeidallah; that Plaintiff Obeidallah has endured threats and permanent damage to his reputation, and also suffered emotional distress, as a result of Defendant Anglin’s actions; that as a result of his actions, Defendant Anglin is liable for libel, false light invasion of privacy, intentional infliction of emotional distress, negligent infliction of emotional distress, common-law misappropriation of Plaintiff Obeidallah’s name and likeness, and civil conspiracy; that Plaintiff Obeidallah prays for relief in the forms of compensatory damages (including economic and non-economic damages), general damages, special damages, punitive damages (including attorneys’ fees and costs), nominal damages, attorneys’ fees, costs, and disbursements (to the extent permitted by law), and such other and further relief as the Court deems just.

Defendant Anglin is further notified to answer said complaint within twenty-eight (28) days after the last day of publication.

It is FURTHER ORDERED that Defendant Anglin appear or plead to Plaintiff

Obeidallah’s complaint within twenty-eight (28) days after the last day of Publication.


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It is FURTHER ORDERED that Plaintiff is granted an additional 56 days from today’s

date to serve all Defendants. Accordingly, the deadline to serve all Defendants is extended to

______________________________, 2018. Nothing in this order precludes Plaintiff from seeking

an additional extension of time to serve Defendants if necessary.

IT IS SO ORDERED.

Date: , 2018 Judge


SOUTHERN DISTRICT OF OHIO EASTERN DIVISION CASE NO. … · ANDREW B. ANGLIN, DBA Daily Stormer, and...

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Transcript of SOUTHERN DISTRICT OF OHIO EASTERN DIVISION CASE NO. … · ANDREW B. ANGLIN, DBA Daily Stormer, and...