Miles v. Broadway Health & Rehab

Filing 17

ORDER partly granting as modified 15 Motion for default judgment and partly denying without prejudice. The Court directs the Clerk to enter a default against Broadway Health & Rehab, LLC. Miles must file a notice by 5/29/2019 estimating how many six-hour trial days she will need. A Final Scheduling Order - setting only a deadline for pretrial disclosures and a trial date - will issue thereafter. Signed by Judge D. P. Marshall Jr. on 5/14/2019. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
DONNA G. MILES
v.

PLAINTIFF
No. 3:18-cv-107-DPM

BROADWAY HEALTH & REHAB, LLC

DEFENDANT

ORDER
In response to this Court's Order, NQ 10, Miles served Broadway.
She had process delivered within the extended period, NQ 14, to an
administrative assistant named Teressa Turner at Broadway's office in
Maryland. NQ 15-1 at 9-10. Miles attempted service by certified mail,
restricted delivery, to Brian Reynolds, Broadway's incorporator. NQ 151 at 5. But the address posted on the Arkansas Secretary of State's
website was wrong. NQ 15-1 at 1. Miles got the correct address and
shifted gears. She hired a process server who called Broadway's office.
He was directed to Turner, but couldn't reach her by telephone. He
went to Broadway's office. He found Turner. She told him she was
authorized to accept process. He handed the amended complaint and
summons to her on 18 March 2019. NQ 15-1 at 9-10.
This was good service on Broadway.

Federal Rule 4 allows

service pursuant to Maryland Rule 2-124(h). FED. R. CIV. P. 4(h)(1)(A).
The state rule says: "Service is made upon a limited liability company
by serving its resident agent. If the limited liability company has no

resident agent or if a good faith attempt to serve the resident agent has
failed, service may be made upon any member or other person
expressly or impliedly authorized to receive service of process."
Md. Rule 2-124(h).

Broadway doesn't have a resident agent in

Arkansas; the Secretary of State's website says the agent has resigned.
NQ 15-1 at 5. Miles made a good-faith attempt to serve Broadway by

mailing the suit papers (by certified mail, restricted delivery) to
Reynolds at Broadway's address. But the listed address was wrong.
Miles' s process server, after contacting Broadway by telephone, went
to the company's office. In person, Tuner assured the process server
she was authorized to accept the amended complaint and summons on
Broadway's behalf. All things considered, Miles made good service on
Broadway under Maryland law.

Roland v. Branch Banking & Trust

Corporation, 149 F. Supp. 3d 61, 66-67 (D.D.C. 2015) (applying Md. Rule

2-124(d)'s echoing provision about service of process on corporations).
Miles' s motion for a default judgment, NQ 15, is partly granted as
modified for good cause and partly denied without prejudice.

FED.

R.

CIV. P. 55(b)(2). Broadway has failed to appear, or otherwise defend
against Miles' s amended complaint, within the time provided by law.
Its answer or responding motion was due by 8 April 2019. The Court
directs the Clerk to enter a default against Broadway Health & Rehab,
LLC. All facts establishing Broadway's liability are admitted. And
Miles is entitled to judgment on liability. Her damages, though, must
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be established at a trial.

Miles must file a notice by 29 May 2019

estimating how many six-hour trial days she will need to do so. A Final
Scheduling Order-setting only a deadline for pretrial disclosures and
a trial date-will issue thereafter.
So Ordered.
D.P. Marshall Jr.
United States District Judge

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