Lect 8 Examples of service on individuals P files an action against D in the E.D. Va. for violation of federal law. D resides in , and has a summer home in . P waits 3 months after filing to have a process server deliver a copy of the summons and complaint to D at his summer home. D appears in the E.D. Va. and makes a motion to dismiss for insufficiency of service of process. What result? wait is OK (have 120 days) 4(m) R 4(m) Time Limit for Service. If a defendant is not served within 120 days after the complaint is filed, the court on motion — or on its own after notice to the plaintiff must dismiss the action without prejudice against — that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.. . . . The P Corp. files an action against D in the E.D. Va. for violation of federal law. - D resides in Boston, Massachusetts and has a summer home in Martha’s Vineyard. - The P Corp. has an employee deliver a copy of the summons and complaint to D at his summer home. - D appears in the E.D. Va. and makes a motion to dismiss for insufficiency of service of process. - What result? May an employee of P Corp. serve? Is an employee of a corporate plaintiff a party under 4(c)(2) We had a discussion pro and con Purpose of prohibition on parties serving is the conflict of interest that would arise otherwise the party would be tempted to serve improperly and get a default – judgment There is an argument that an employee might have the same conflict of interest But in fact those individuals working for a corporate plaintiff who are a “party” for the purpose of 4(c)(2) has been understood by those federal courts that have addressed the matter more narrowly (includes only officers and directors - CEO, CLO) Perhaps an analogy with 4(h)(2) can get you to this? 4(h) Serving a Corporation, Partnership, or Association. be served: …must (1) in a judicial district of the United States:
Lect 8 Examples of service on individuals P files an action against D in the E.D. Va. for violation of federal law. D resides in , and has a summer home in . P waits 3 months after filing to have a process server deliver a copy of the summons and complaint to D at his summer home. D appears in the E.D. Va. and makes a motion to dismiss for insufficiency of service of process. What result? wait is OK (have 120 days) 4(m) R 4(m) Time Limit for Service. If a defendant is not served within 120 days after the complaint is filed, the court — on motion or on its own after notice to the plaintiff — must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.. . . . The P Corp. files an action against D in the E.D. Va. for violation of federal law. - D resides in Boston, Massachusetts and has a summer home in Martha’s Vineyard. - The P Corp. has an employee deliver a copy of the summons and complaint to D at his summer home. - D appears in the E.D. Va. and makes a motion to dismiss for insufficiency of service of process. - What result? May an employee of P Corp. serve? Is an employee of a corporate plaintiff a party under 4(c)(2) We had a discussion pro and con Purpose of prohibition on parties serving is the conflict of interest that would arise otherwise – the party would be tempted to serve improperly and get a default judgment There is an argument that an employee might have the same conflict of interest But in fact those individuals working for a corporate plaintiff who are a “party” for the purpose of 4(c)(2) has been understood by those federal courts that have addressed the matter more narrowly (includes only officers and directors - CEO, CLO) Perhaps an analogy with 4(h)(2) can get you to this? 4(h) Serving a Corporation, Partnership, or Association. …must be served: (1) in a judicial district of the United States:
2014CivProNotes8.docx