USA v. Juneau et al

Filing 9

MEMORANDUM ORDER granting 2 Motion for Appointment of Curator for the Douglas J Juneau Unopened Succession, 6 Motion for Service of Process by U S Marshal; granting 7 Amended Motion for Service of Process by U S Marshal; granting 8 Amen ded Motion for Appointment of Curator. IT IS ORDERED that Plaintiff's Motion for Appointment of Counsel to represent the estate of Douglas Juneau (Docs. 2 , 8 ) is GRANTED. Attorney Fred A. Pharis is appointed to represent the estate of Dou glas J. Juneau for purposes of this in rem foreclosure action. Plaintiff's Motion for Service of Process on Defendants by the USMS is GRANTED. The United States Marshal's Service is ORDERED to personally serve process on Lana Juneau at the address provided by the USA. The United States Marshal's Service is also ORDERED to personally serve process on Attorney Fred A. Pharis as the representative of Douglas J. Juneau's estate. The address for Mr. Pharis shall be provided to the USMS by the Clerk of Court Signed by Magistrate Judge Joseph H L Perez-Montes on 7/6/2018. (crt,Dauterive, C)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
ALEXANDRIA DIVISION

b

UNITED STATES OF AMERICA

CIVIL ACTION 1:18-CV-00603

VERSUS

JUDGE DRELL

LANA THOMAS JUNEAU, et al.

MAGISTRATE JUDGE PEREZ-MONTES

MEMORANDUM ORDER
The United States of America for the Farmers Home Administration (“FHA”),
now known as the Farm Service Agency (“FSA”) of the United States Department of
Agriculture, filed this action against Defendants Lana Elizabeth Thomas Juneau and
the Unopened Succession of her deceased husband, Douglas J. Juneau, to recover
outstanding balances owed on 1999 and 2002 promissory notes made payable to the
FSA by Defendants. The promissory notes are secured by mortgages on Defendants’
farm property in Avoyelles Parish, Louisiana, and payment on the Notes is secured
by a 2002 Real Estate Deed of Trust for Mississippi. The USA contends that, because
Defendants are in default of payments on the Notes, maturity of the Notes was
accelerated and the entire unpaid principal and interest is now due. For relief, the
USA asks for judgment in rem only and sale of the property at public action, without
appraisal.
Summonses were issued for Lana Juneau and the “Unopened Succession of
Douglas Juneau” (Doc. 3).

The USA filed a Motion for Appointment of Curator ad hoc to represent the
“unopened succession” of Douglas J. Juneau (Doc. 2), and amended that motion (Doc.
8). The USA also filed a Motion for Service of Process on Defendants by the United
States Marshal’s Service (“USMS”) (Doc. 6), and amended that motion (Doc. 7).
A.

The USA’s Motion for Appointment of a representative for Douglas
Juneau’s estate is granted.

The USA alleges that Douglas Juneau’s succession is unopened and, therefore,
a curator should be appointed. The USA filed the affidavit of an alleged long-time
friend of the deceased to show Douglas Juneau’s succession was never “opened,” and
that he has heirs.
In Louisiana, a decedent's succession is a separate and distinct legal entity.
For this reason, a suit against a succession can only be brought against a succession
representative. See Marcotte v. State Farm Mut. Auto. Ins. Co., 1996 WL 169228, at
*1 (E.D. La. 1996) (citing Holland v. Unopened Succession of Holland, 562 So. 2d
1022, 1024 (La. App. 3d Cir. 1990), writ den., 566 So. 2d 399 (La. 1990)); see also
State of Louisiana v. Estate of Giles Davis, 572 So.2d 39, 42 (La. 1991) (“The proper
party defendant in a suit against a succession is a succession representative.”). The
succession itself, or the “estate,” are not proper party defendants. See Adams v. Ford
Motor Co., CIV.A. 12-2168, 2012 WL 5877957, at *3 (W.D. La. Nov. 20, 2012).
Louisiana law does not allow an action against a succession for which no
representative has been appointed. See Marcotte v. State Farm Mut. Auto. Ins. Co.,
CIV. A. 96-359, 1996 WL 169228, at *1 (E.D. La. Apr. 10, 1996).

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La. C. Civ. P. art. 5091 provides: “A. The court shall appoint an attorney at law
to represent the defendant, on the petition or ex parte written motion of the plaintiff,
when: …(2) The action of proceeding is in rem and: …(a) The defendant is dead, no
succession representative has been appointed, and his heirs and legatees have not
been sent into possession judicially.”
The USA has stated that it will bear all costs of the appointed representative
for purposes of this action. Therefore,
IT IS ORDERED that Plaintiff’s Motion for Appointment of Counsel to
represent the estate of Douglas Juneau (Docs. 2, 8) is GRANTED. Attorney Fred A.
Pharis is appointed to represent the estate of Douglas J. Juneau for purposes of this

in rem foreclosure action.
IT IS FURTHER ORDERED that the costs of representation shall be borne by
the USA as directed by the Court.
B.

USA’s Motion for Service of Process by the USMS is granted.

The USA also filed a Motion for Service of Process on Defendants by the USMS
pursuant to Fed. R. Civ. P. rule 4(c)(3) (Docs. 6, 7).
The USA provided a Mississippi address for Defendant Lana Juneau.
Therefore, Lana Juneau must be served pursuant to Louisiana law for service on outof-state residents, La. R.S. 13:3201 and 13:3204. See Fed. R. Civ. P. rule 4(e)(1) and
(k)(1)(A).
Plaintiff’s Motion for Service of Process on Defendants by the USMS is
GRANTED.

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The United States Marshal’s Service is ORDERED to personally serve process
on Lana Juneau at the address provided by the USA.
The United States Marshal’s Service is also ORDERED to personally serve
process on Attorney Fred A. Pharis as the representative of Douglas J. Juneau’s
estate. The address for Mr. Pharis shall be provided to the USMS by the Clerk of
Court.
THUS ORDERED AND SIGNED in Chambers at Alexandria, Louisiana on
this 6th

day of July, 2018.

_____________________________________
Joseph H.L. Perez-Montes
United States Magistrate Judge

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