Unreported / Non-Citable
Background
Jason Archie Flickinger, representing himself, filed three requests concerning discovery and service in this Northern District of California action. He sought early discovery from defaulted defendant Robert Crisp to identify and locate Pedro Quintero, authority to serve David Obed Salas Ríos, Enrique Vargas Gutierrez, and Dr. Olivia Berenice Espinoza Robles through publication, and relief concerning proof of service on Centro de Justicia y Empoderamiento para las Mujeres del Estado de Coahuila de Zaragoza, known as CJEM. The court had entered default against 27 defendants, but those entries did not themselves constitute default judgments.
Flickinger reported that his Hague Convention service packet for CJEM contained certificates for other entities rather than the expected CJEM certificate. He had contacted Mexico's Secretaría de Relaciones Exteriores, which told him that his inquiry had been referred to a lawyer. The court therefore addressed not only the requested discovery and publication service, but also whether it should deem CJEM served or permit alternative service under the Foreign Sovereign Immunities Act while that inquiry remained pending.
The Court’s Holding
The court found good cause for early discovery because Crisp had never appeared and was in default. It treated a defaulted defendant as a nonparty for discovery purposes and authorized Rule 45 document and deposition subpoenas directed to Crisp. Discovery was confined to identifying and locating Quintero, including determining whether he was Leeroy G. Ferguson. The court allowed proposed document requests 1 through 8 and one deposition capped at two hours on the record absent further order. It did not decide substantive objections, privileges, or protections under Rules 26 and 45, and referred any discovery disputes to Magistrate Judge van Keulen.
For the three defendants believed to reside in Torreón, Mexico, the court applied Rule 4(f)(3), requiring court-directed service not prohibited by international agreement and consistent with due process. It found the proposed methods permissible under the Hague Convention and necessary after Flickinger's documented, unsuccessful efforts to obtain usable contact information. Spanish-language publication in El Siglo de Torreón, with Excélsior as a backup, combined with a case website and geographically directed online advertising, was reasonably calculated under the circumstances to notify the defendants and allow them to object.
The CJEM request was denied without prejudice as premature because Mexico's SRE was still responding. Flickinger must continue pursuing a replacement certificate, file status reports on December 7, 2026 and January 11, 2027, and may renew the request by January 11 if the response is inconclusive or no replacement can be arranged. The court also vacated the November 17, 2026 case management conference and reset it for February 9, 2027.
Key Takeaways
- Early discovery is limited to locating Pedro Quintero and does not authorize a general deposition or resolve Crisp's potential objections and privileges.
- The three Mexican defendants must be served through both the prescribed Spanish-language print publication and the approved website and advertising methods.
- Print publication must occur once weekly for four consecutive weeks and begin no later than November 30, 2026, with certified Spanish translation and online newspaper publication if offered.
- Service on the three defendants will be deemed complete when the print publication and advertising campaigns conclude, while the website and documents must remain available until Flickinger moves for default judgment against them.
- No default judgment was entered; Flickinger's next case management statement must propose a schedule for default-judgment motions or voluntary dismissals and address the Eitel factors and proof of damages for each claim and defendant.
Why It Matters
The order illustrates how a court can tailor Rule 45 discovery and Rule 4(f)(3) service to the practical problem of locating defendants without treating publication as an automatic substitute for ordinary service. The court relied on documented diligence, the defendants' likely location, international-agreement constraints, and whether the combined notice plan was reasonably calculated to reach them. Its detailed deadlines and technical requirements define the authorized service rather than merely approving publication in principle.
The CJEM ruling preserves a separate service issue instead of resolving it on an incomplete record. Likewise, the court's case management directions distinguish clerk-entered defaults from the additional showing required for default judgment. Flickinger must address each defaulted defendant and claim individually, support damages with evidence rather than complaint allegations alone, and keep any default-judgment motion within 25 pages unless he obtains leave for good cause.