Leeyer v. Circle K Stores Incorporated

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Daniel M. Leeyer,
Plaintiff,
v.
Circle K Stores Incorporated,
Defendant.
No. CV-25-08061-PCT-DJH
ORDER
Defendant Circle K Stores, Inc. (“Defendant”) filed a Motion for Alternative
Service of Process of Subpoena on Non-Party David Sinai. (Doc. 53). Defendant and
Plaintiff Daniel M. Leeyer (“Plaintiff”) were unable to agree upon an alternative service
method. Defendant requests that the Court authorize alternative service on non-party
David Sinai via certified mail and electronic mail. Plaintiff did not file a response to
Defendant’s Motion. The Court grants Defendant’s Motion for the following reasons.
I. Background
Plaintiff has named David Sinai as a retained expert in this matter. (Doc. 53 at 2).
Mr. Sinai’s CV only lists a P.O. Box, not a physical address. Defendant issued subpoenas
to Mr. Sinai and his company on August 19, 2025. (Id.) Defendant claims that a certified
process server has made four unsuccessful attempts at service at four different addresses:
• 15315 Magnolia Blvd, Ste 428, Sherman Oaks, CA 91403 (address provided
on the California Secretary of State website);
• 1875 Century Center Park East, #600, Century City, CA 90067 (corporate
Case 3:25-cv-08061-DJH Document 59 Filed 11/05/25 Page 1 of 3

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headquarters listed on Mr. Sinai’s website);
• 40 N. Central Ave, Suite 1400, Phoenix, AZ 85004 (Arizona address listed
on Mr. Sinai’s website); and
• 10100 Santa Monica Blvd, Ste 300, Los Angeles, CA 90067 (other address
associated with Sinai’s company).
(Id.) The process server was notified each time that Mr. Sinai was not affiliated with the
address. (Id.) Plaintiff also declined Defendant’s requests discuss accepting service with
Mr. Sinai or disclose the address where Mr. Sinai can accept service. (Id.)
II. Discussion
Federal Rules of Civil Procedure 45(b)(1) states that “[s]erving a subpoena requires
delivering a copy to the named person[.]” Id. However, courts have allowed for parties to
serve Rule 45 subpoenas by alternative service methods other than personal service. See,
e.g., Toni Brattin & Co., Inc. v. Mosaic International, LLC, 2015 WL 1844056, *3-4 (N.D.
Cal. 2015) (granting service by certified mail following repeated unsuccessful attempts at
personal service); Cordius Trust v. Kummerfeld, 2000 WL 10268, *1-2 (S.D.N.Y. 2000)
(permitting service by certified mail after multiple attempts to effectuate personal service);
Armed Forces Bank NA v. Dragoo, 2018 WL 8621583, *2 (D. Ariz. 2018) (allowing
service by email where the non-party was evading personal service but had been responsive
to emails).
Here, Defendant has demonstrated repeated efforts to achieve personal service on
Mr. Sinai. Plaintiff categorically refused to facilitate personal service.1 With the lack of
information about Mr. Sinai’s address, further attempts at personal service would result in
unnecessary cost and delay. Finally, Defendant’s proposal of service by (1) certified mail
to P.O. Box 24036, Los Angeles, CA 90024 and (2) electronic mail to
davidsinai126@gmail.com, under these circumstances, is reasonably calculated to provide
notice. Therefore, Defendant’s Motion for Alternative Service (Doc. 53) is granted.
1 Plaintiff is reminded that he is held to the same professionalism standards as licensed
attorneys. Plaintiff, like Defendant’s attorneys, is charged with securing “the just, speedy,
and inexpensive determination” of this action. F. R. Civ. P. 1. This includes providing a
retained expert’s servable address to obviate the need of another motion to the Court.
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Accordingly,
IT IS ORDERD that Defendant’s Motion for Alternative Service of Process of
Subpoena on Non-Party David Sinai (Doc. 53) is GRANTED. To effectuate service on
David Sinai, Defendant shall serve the subpoena via (1) certified mail to P.O. Box 24036,
Los Angeles, CA 90024 and (2) electronic mail to davidsinai126@gmail.com.
Dated this 4th day of November, 2025.
Honorable Diane J. Humetewa
United States District Judge
Case 3:25-cv-08061-DJH Document 59 Filed 11/05/25 Page 3 of 3