DIRECTV, LLC v. Preston et al
Filing
8
OPINION by U.S. Magistrate Judge Tom Schanzle-Haskins. Plaintiff DirecTV, LLC's Motion to Approve Alternate Means of Service of Process 7 is ALLOWED IN PART. Plaintiff DirecTV LLC is authorized to effect alternate service on the individual Defendants Christina Preston and Stephanie Karonis in the manner set forth in this Opinion. The request for authority to effect alternate service on Defendant Wild Berries Group, LLC, is DENIED. See written order. (LB, ilcd)
E-FILED
Monday, 29 September, 2014 04:03:08 PM
Clerk, U.S. District Court, ILCD
IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
PEORIA DIVISION
DIRECTV, LLC,
Plaintiff,
v.
CHRISTINA PRESTON,
Individually, and as officer,
director, shareholder,
principal, manager and/or
member of WILD BERRIES
GROUP, LLC, d/b/a WILD
BERRIES RESTAURANT;
WILD BERRIES GROUP, LLC,
d/b/a WILD BERRIES
RESTAURANT; and
STEPHANIE KARONIS,
Individually, and d/b/a WILD
BERRIES RESTAURANT,
Defendants,
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No. 14-cv-1256
OPINION
TOM SCHANZLE-HASKINS, U.S. MAGISTRATE JUDGE:
Plaintiff DirecTV, LLC’s (DirecTV) Motion to Approve Alternate Means
of Service of Process (d/e 7) is ALLOWED in part. DirecTV seeks to serve
the Defendants by certified mail because their efforts to effect personal
service have been unsuccessful. Motion, at 2; Returns of Service,
Unsuccessful (d/e 4, 5, and 6). The two individual Defendants have moved
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and left no forwarding address. The registered agent for service of process
for Defendant Wild Berries Group, LLC, (Wild Berries) no longer works at
the registered address. DirecTV asks for authority to serve all three
Defendants by first class certified mail, return receipt requested, at Wild
Berries principal place of business, 115 S. Veterans Parkway, Normal
Illinois 61761. DirecTV asks that service be complete on the date the
returned receipt is signed.
DirecTV may serve the Defendants in a manner allowed by Illinois
law, the state in which this District is located. Fed. R. Civ. P. 4(e)(1) and
4(h)(1)(A). Illinois law allows the Court to order alternate service on
individuals when the plaintiff demonstrates that reasonable efforts to serve
defendants by authorized methods have been unsuccessful. 735 ILCS 5/2203.1. In such cases, the Court may order alternate service in any manner
consistent with due process. Id. Due process requires that the manner of
service must be reasonably calculated under the circumstances to give the
defendant notice and the opportunity to be heard. Mullane v. Central
Hanover Bank and Trust Co., 339 U.S. 306, 315 (1950) .
DirecTV has demonstrated by affidavit that efforts to serve by
authorized methods have been unsuccessful. DirecTV’s proposal to serve
by first class certified mail, return receipt requested, at the individual’s
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place of business accords with due process under the circumstances. See
e.g., Garcia v. Meza, 235 F.3d 287, 290 (7th Cir. 2000); Dobrowolski v.
LaPorte, 348 N.E.2d 237, 240 (Ill. App. 3d Dist. 1976). The Court hereby
authorizes service by first class certified mail return receipt requested, upon
Christina Preston at the principal place of business of Defendant Wild
Berries, 115 S. Veterans Pkwy, Normal, Illinois 61761, with service to be
effective upon the date that the returned green signature card is signed.
The affidavit of the process server on the unsuccessful return of
service on Defendant Stephanie Karonis states that she lives in Peoria,
Illinois, and works at the Wild Berries Restaurant in Peoria, Illinois. Return
of Service (d/e 6), at 3. Service reasonably calculated to give Karonis
notice in accordance with due process should be mailed to the Wild Berries
restaurant in Peoria, Illinois. The Court therefore authorizes DirecTV to
serve Defendant Karonis by alternate service by first class certified mail
return receipt requested to Stephanie Karonis at the Wild Berries
Restaurant located in Peoria, Illinois, with service to be effective upon the
date that the returned green signature card is signed.
The request to authorize alternate service on Wild Berries is denied.
Illinois does not authorize the Court to order alternate service on limited
liability companies such as Wild Berries. Rather, DirecTV must attempt to
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serve the registered agent at his registered office and at Wild Berries
principal place of business stated in its articles of organization. If both of
those efforts fail, DirecTV may serve the Illinois Secretary of State as the
agent for Wild Berries in the manner prescribed by Illinois law. 805 ILCS
180/1-50(b)(2) and (c).
WHEREFORE Plaintiff DirecTV, LLC’s Motion to Approve Alternate
Means of Service of Process (d/e 7) is ALLOWED IN PART. Plaintiff
DirecTV LLC is authorized to effect alternate service on the individual
Defendants Christina Preston and Stephanie Karonis in the manner set
forth in this Opinion. The request for authority to effect alternate service on
Defendant Wild Berries Group, LLC, is DENIED.
ENTER: September 29, 2014
s/ Tom Schanzle-Haskins
UNITED STATES MAGISTRATE JUDGE
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