Fomich v. Built to Last Roofing, Inc et al
Filing
45
ORDER AND REASONS denying 40 Motion to Dismiss. FURTHER ORDERED that on or before November 1, 2024 counsel for Built to Last Roofing, Inc. shall provide counsel for the plaintiff (with a copy to the Court) of the name and address of the individual agent, member, or employee to whom service of this lawsuit shall be directed so that this case can proceed without further delay. Signed by Judge Jay C. Zainey on 10/23/2024. (mmm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
MARIA FOMICH
CIVIL ACTION
VERSUS
NO. 22-4580
BUILT TO LAST ROOFING, INC., ET AL.
SECTION A (1)
ORDER AND REASONS
The following motion is before the Court: Motion to Dismiss, Alternatively, to Quash
Service (Rec. Doc. 40) filed by the defendant, Built to Last Roofing, Inc. The plaintiff, Maria
Fomich, opposes the motion. The motion, noticed for submission on October 16, 2024, is before
the Court on the briefs without oral argument.
The plaintiff, Maria Fomich, filed this action for damages sustained to her Orleans Parish
property during Hurricane Ida. The property suffered significant roof damage during Ida for which
the plaintiff engaged the defendant, Built to Last Roofing, Inc. (“BTL”) to repair. BTL began the
repairs but in the process left the open roof exposed to the elements (untarped). A significant
rainstorm occurred that then inflicted significant additional damage to the plaintiff’s property. This
lawsuit ensued.
BTL is a Texas company for which effecting service of process has proven challenging.
The plaintiff, through her counsel, has been diligent in attempting to serve the proper individual
yet she is faced with the instant motion to dismiss for lack of proper service. The plaintiff asks the
Court to deny the instant motion to dismiss so that she can cure the service problem, for which
she has propounded discovery in hopes of identifying the correct person to receive service on
behalf of the defendant corporation.
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BTL is represented by excellent counsel who surely can identify for the Court and the
plaintiff exactly to whom the service must be directed so that this case can proceed without
further delay.
Accordingly, and for the foregoing reasons;
IT IS ORDERED that the Motion to Dismiss, Alternatively, to Quash Service (Rec.
Doc. 40) filed by the defendant, Built to Last Roofing, Inc., is DENIED.
IT IS FURTHER ORDERED that on or before November 1, 2024 counsel for Built to
Last Roofing, Inc. shall provide counsel for the plaintiff (with a copy to the Court) of the name and
address of the individual agent, member, or employee to whom service of this lawsuit shall be
directed so that this case can proceed without further delay.
October 23, 2024
__________________________________
JUDGE JAY C. ZAINEY
UNITED STATES DISTRICT JUDGE
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