Phillips et al v. QBE Specialty Insurance Company et al
Filing
57
ORDER AND REASONS denying as moot 40 Motion to Dismiss. Signed by Judge Martin L.C. Feldman on 11/1/16. (clc)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
MARK PHILLIPS AND
JULIANN PHILLIPS
CIVIL ACTION
V.
NO. 15-2019
QBE SPECIALTY INSURANCE
COMPANY, ET. AL
SECTION "F"
ORDER AND REASONS
Before the Court is Keith Fremin d/b/a K&A Services’ Rule
12(b)(5) motion to dismiss for insufficiency of service of Process
For the following reasons, the motion is DENIED.
I.
Plaintiffs filed a second amended and supplemental complaint
on June 15, 2016, naming Keith Fremin d/b/a K&A Services as a
defendant.
Plaintiffs
originally
served
a
summons
for
this
defendant upon Michael Rodrigue as someone who was “designated by
law to accept service of process on behalf of Keith Fremin d/b/a
[K&A Services.]” 1 However, Keith Fremin d/b/a K&A Services is a
sole proprietorship. To successfully accomplish service upon a
sole proprietorship, such as the defendant here, plaintiffs must
serve the sole proprietor personally or by domiciliary service.
1
This statement is taken from defendant’s, Keith Fremin d/b/a K&A
Services, Rule 12(b)(5) motion to dismiss. In the original motion
defendant stated that Michael Rodrigue accepted the summons on
behalf of “Keith Freman, d/b/a Unlimited Services.” However, the
summons itself correctly states the entity name as “Keith Fremin
d/b/a K&A Services.”
1
FED. R. CIV. P. 4(e); La. Code Civ. P. arts. 1232, 1234. Because
plaintiffs failed to properly serve a summons upon Keith Fremin
personally or by domiciliary service, the defendant moved to
dismiss for insufficiency of service of process.
After the defendant moved to dismiss, plaintiffs again served
process
on
October
21,
2016.
This
service
of
process
was
successfully served upon Keith Fremin personally.
Accordingly,
IT
IS
ORDERED
that
Keith
Fremin
d/b/a
K&A
Services’ Rule 12(b)(5) motion to dismiss is hereby DENIED as moot.
New Orleans, Louisiana, November 1, 2016
______________________________
MARTIN L. C. FELDMAN
UNITED STATES DISTRICT JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?