American Safety Casualty Insurance Company v. White Construction & Concrete Co Inc et al

Filing 10

ORDER allowing American Safety to proceed with constructive service for Daniel White by warning order. American Safety must follow the terms of Arkansas Rule of Civil Procedure 4(f) exactly-and then some. The company must take extra steps that, consi dering all the circumstances, are needed to maximize the chance White will get notice of the lawsuit. In addition to the required mailing to White's last known addresses, and publication in the Arkansas Democrat-Gazette, American Safety must als o have the warning order twice published in local newspapers in Hot Springs and Fayetteville, the cities where White apparently lived last. American Safety's time to serve White is extended for good cause until 10/31/2016. Motion, 8 , is granted. Signed by Judge D. P. Marshall Jr. on 9/14/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
AMERICAN SAFETY CASUALTY
INSURANCE COMPANY

v.

PLAINTIFF

No. 4:15-cv-700-DPM

WHITE CONSTRUCTION & CONCRETE CO INC
and DANIEL W WHITE, Individually

DEFENDANTS

ORDER
Despite diligent inquiry during March and May 2016, American Safety
has been unable to locate Daniel White to serve him with the complaint and
summons. NQ 8-1. American Safety may therefore proceed with constructive
service by warning order.

This is the best that can be done in the

circumstances; and it's consistent with due process and the Federal Rules.
Mullane v. Central Hanover Bank & Trust Company, 339 U.S. 306, 317 (1950);

FED. R. C1v. P. 4(e)(l). American Safety must follow the terms of Arkansas
Rule of Civil Procedure 4(f) exactly-and then some. The company must take
extra steps that, considering all the circumstances, are needed to maximize the
chance White will get notice of the lawsuit. Mullane, 339 U.S. at 314. In
addition to the required mailings to White's last known addresses, and
publication in the Arkansas Democrat-Gazette (a newspaper circulated

statewide), American Safety must also have the warning order twice
published in local newspapers in Hot Springs and Fayetteville, the cities
where White apparently lived last.
American Safety's time to serve White, which has expired while the
company was trying to locate him, is extended for good cause until
31October2016. FED. R. Crv. P. 4(m). The motion, NQ 8, is granted. The draft
warning order, NQ 8-2, is approved with minor changes. Please send it to
chambers now in WordPerfect or Microsoft Word format; the Court will make
the changes and have the Clerk issue the Order.
So Ordered.

United States District Judge
If

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