Harrington v. Ink Army

          ORDER

          Honorable Raner C. Collins United States District Judge

         Pending before the Court is Defendants' motion to dismiss for lack of service. Doc. 21. For the following reasons, this Court shall deny the motion.

         On July 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.

         Discussion

         “A 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) states:

(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 process.

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 ...