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Solis v. Arizona Movers and Storage Inc.

United States District Court, D. Arizona

April 4, 2019

Karla Solis, Plaintiff,
v.
Arizona Movers and Storage Incorporated, et al., Defendants.

          ORDER

          JAMES A. TEILBORG SENIOR UNITED STATES DISTRICT JUDGE

         On February 4, 2019, Plaintiff filed an amended complaint (Doc. 46) against the following Defendants:

1. Arizona Movers and Storage, Inc.,
2. Elite Movers USA, LLC,
3. Class Movers & Storage, Inc.
4. Hashem Abouzeid,
5. Hossam Hassan, and 6. Mohamed Mahmoud Hassan.

         In this Order, the Court will attempt to determine the status of this case as to each Defendant.

         Service

         1. Arizona Movers and Storage, Inc.

         The amended complaint was purportedly served on Arizona Movers and Storage, Inc. (Doc. 60). Thereafter Plaintiff sought entry default against this Defendant. (Doc. 62). The purported service “served” this Defendant by serving the corporation commission. (Doc. 60). Arizona Rule of Civil Procedure 4.1(j) (which may be used under the Federal Rules as stated in Federal Rule of Civil Procedure 4(e)(1)), permits this type of service if no officer or agent of a domestic corporation is found in Arizona. Ariz. R. Civ. Pro. 4.1(j)(1). On this record, there is no evidence that no officer or agent of Arizona Movers and Storage, Inc. is in Arizona. Further, Plaintiff has not submitted the prima facie evidence permitting this type of service. Ariz. R. Civ. Pro. 4.1(j)(2). Finally, the proof of service does not indicate two copies were served, as is required by the Rule. Therefore, on this record, service is not complete and default will not be entered.

         2. Elite Movers USA, LLC

         The amended complaint was purportedly service on Elite Movers USA, LLC. (Doc. 58) at 4822 S. 40th Street, Phoenix, Arizona. The note on the proof of service states, “This was a drop service. He said he is not Mohamed Mahmoud Hassan, and refused to accept the documents. He threw them into my car as I was leaving, so I dropped them on the ground and told him again that I believed him to be Mohamed and that he was served.” (Id. at 2).

         Notwithstanding this irregularity with purported service, Elite Movers USA, LLC purported to answer. (Doc. 61). However, a limited liability company, like a corporation, can only appear in federal court through licensed counsel. D-Beam Ltd. P'ship v. Roller Derby Skates, Inc.,366 F.3d 972, 973-74 (9th Cir. 2004). No. one, lawyer or ...


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