United States District Court, D. Arizona
Honorable Raner C. Collins United States District Judge
before the Court is Defendants' motion to dismiss for
lack of service. Doc. 21. For the following reasons, this
Court shall deny the motion.
23, 2018, Plaintiff filed a complaint with this Court. Doc.
1. Under Rule 4 of the Federal Rules of Civil Procedure,
Plaintiff had 90 days from the date he filed the complaint to
complete service, which would have been October 22, 2018. On
October 9, 2018, this Court issued an order stating that
Plaintiff had until October 24, 2018 to complete service.
Doc. 18. On October 28, 2018, Plaintiff filed a notice
stating that he completed service. Doc. 20. On November 8,
2018, Defendants filed the pending motion to dismiss arguing
that Plaintiff has not completed service under Rule 4.
federal court is without personal jurisdiction over a
defendant unless that defendant has been served in accordance
with Fed.R.Civ.P. 4.” 504 F.3d 1130, 1138. Rule 4(e)
(e) Serving an Individual Within a Judicial District
of the United States. Unless federal law provides
otherwise, an individual--other than a minor, an incompetent
person, or a person whose waiver has been filed--may be
served in a judicial district of the United States by:
(1) 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; or
(2) doing any of the following:
(A) delivering a copy of the summons and of
the complaint to the individual personally;
(B) leaving a copy of each at the
individual's dwelling or usual place of abode with
someone of suitable age and discretion who resides there; or
(C) delivering a copy of each to an agent
authorized by appointment or by law to receive service of
Fed. R. Civ. P. 4. Rule 4(h) states:
(h) Serving a Corporation, Partnership, or
Association. Unless federal law provides otherwise
or the defendant's waiver has been filed, a domestic or
foreign corporation, or a partnership or other unincorporated
association that is ...