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)

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