Walden et al v. Humphrey et al

Filing 9

ORDER directing the Waldens to explain, by August 17, 2012, why good service exists on BME Enterprise LLC. Signed by Judge D. P. Marshall Jr. on 8/6/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION DAVIDWALDEN &DANA WALDEN v. PLAINTIFFS No. 4:12-cv-190-DPM LOLOWANA HUMPHJ,l.EY; BME ENTERPRISE LLC; and BME LLC DEFENDANTS ORDER TheWaldens move the Court to enter default judgment against separate defendant BME Enterprise LLC. Document No.6. The Court, however, is unable to conclude on the current record that the Waldens obtained good service on BME Enterprise LLC. The W aldens sent the summons and the complaint certified mail, return receipt requested to BME Enterprise LLC' s registered agent, Charles Cash. TheWaldens did not restrict delivery to Cash. And the return receipt indicates that someone else received the suit papers. FED. R. CIV. P. 4(h)(1)(A); ARK. R. CIV. P. 4(d)(8)(A). The Waldens have until 17 August 2012 to explain, in terms of Rule of Civil Procedure 4, why good service exists on BME Enterprise LLC, supplementing the record if need be. So Ordered. D.P. Marshall Jr. United States District Judge

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