Caldwell v. Compass Entertainment Group LLC et al

Filing 35

ORDER that 12 Motion to Dismiss, or in the alternative, Quash Service is GRANTED to the extent that service of process executed on April 12, 2012 is QUASHED. FURTHER ORDERED that counsel for Defendant file notice within ten days of the entry of this order whether he is authorized to accept service of process on behalf of Defendant Kranzdorf. Signed by Judge Kent J. Dawson on 10/18/12. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 EVERT CALDWELL, 11 Plaintiff, 12 v. 13 Case No. 2:12-CV-00458-KJD-GWF COMPASS ENTERTAINMENT GROUP, LLC, et al., ORDER 14 Defendants. 15 16 Presently before the Court is Defendant Jeffrey P. Kranzdorf’s Motion to Dismiss, or in the 17 alternative, Quash Service (#12). Plaintiff filed a response in opposition (#18) to which Defendant 18 Kranzdorf replied (#19). 19 Defendant Kranzdorf moves the Court to dismiss the action or quash service of process for 20 failure to serve the summons and complaint in compliance with Federal Rule of Civil Procedure 21 (“Rule”) 4(e). On April 23, 2012, Plaintiff filed Summons Returned Executed (#10) asserting that 22 the process server hired by Plaintiff had personally served Plaintiff at his residence on April 12, 23 2012. Kranzdorf, by affidavit, denies that he was personally served the summons and complaint, but 24 instead found it on the porch of his California residence. In response, Plaintiff filed the affidavit of 25 26 1 the process server in which he admits that he left the summons and complaint upon the porch, but 2 only after Kranzdorf refused to answer the door. 3 Since Plaintiff admits that service of process was not conducted in accordance with Rule 4, 4 the Court grants Defendant’s motion to quash service of process. Plaintiff should avail himself of 5 the procedures found in Rule 4(d) for requesting a waiver of service of process. If Kranzdorf fails to 6 waive service, the cost of later serving the summons and complaint must be imposed on Defendant 7 by the Court. See Fed. R. Civ. P. 4(d)(2)(A). Furthermore, Plaintiff will be able to collect the 8 reasonable expenses, including attorney’s fees, of any motion required to collect those service 9 expenses. See Fed. R. Civ. P. 4(d)(2)(B). Further, counsel for Defendant Kranzdorf is ordered to 10 file notice of whether he is authorized to accept service on behalf of Defendant Kranzdorf within 11 (10) days of the entry of this order. 12 Accordingly, IT IS HEREBY ORDERED that Defendant Jeffrey P. Kranzdorf’s Motion to 13 Dismiss, or in the alternative, Quash Service (#12) is GRANTED to the extent that service of 14 process executed on April 12, 2012 is QUASHED; 15 IT IS FURTHER ORDERED that counsel for Defendant file notice within ten (10) days of 16 the entry of this order whether he is authorized to accept service of process on behalf of Defendant 17 Kranzdorf. 18 DATED this 18th day of October 2012. 19 20 21 22 _____________________________ Kent J. Dawson United States District Judge 23 24 25 26 2