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J & J Sports Productions, Inc. v. Puente

United States District Court, N.D. Indiana, Hammond Division

September 22, 2016

J & J SPORTS PRODUCTIONS, INC., Plaintiff,
v.
MARCO PUENTE, individually and d/b/a Estrella's Sports Bar, and RUMURS LLC, an unknown business entity d/b/a Estrella's Sports Bar, Defendants.

          OPINION AND ORDER

          PAUL R. CHERRY, MAGISTRATE JUDGE UNITED STATES DISTRICT COURT.

         This matter is before the Court on a Motion for Appointment of U.S. Marshal Service to Serve Summons and Complaint [DE 28], filed by Plaintiff on September 21, 2016.

         Plaintiff filed a Complaint on September 11, 2015. Plaintiff attempted service by the Lake County Sheriff's Office, which was returned indicating a bad address when attempted both by personal service and mail. An alternative address was located and Alias Summons were issued by the Court. Service was attempted via Certified Mail, Restricted Delivery, Return Receipt Requested and were returned undeliverable, indicating that the Defendant and registered agent Marco Puente had moved and left no forwarding address. Further research revealed an address in Phoenix, Arizona. Alias summons were issued and service was attempted at that address by Certified Mail, Restricted Delivery, Return Receipt Requested. The summons were returned unclaimed. Plaintiff now asks the Court to appoint the U.S. Marshal Service to personally attempt service of Summons and Complaint at the Phoenix, Arizona, address.

         Federal Rule of Civil Procedure 4(c), regarding service of summons, provides:

         (c) Service.

(1) In General. A summons must be served with a copy of the complaint. The plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service.
(2) By Whom. Any person who is at least 18 years old and not a party may serve a summons and complaint.
(3) By a Marshal or Someone Specially Appointed. At the plaintiff's request, the court may order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916.

Fed. R. Civ. P. 4(c). Because Plaintiff is not proceeding in forma pauperis, the decision to order that service be made by the United States Marshal Service is discretionary with the court. See id.

         Federal Rule of Civil Procedure 4(e) provides the methods for serving an individual within a judicial district of the United 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 ...

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