Kardoose v. Betancourt

Filing 36

Judge F. Dennis Saylor, IV: ORDER entered re 34 Request for notice of default filed by Camille Kardoose. Request for notice of default is DENIED without prejudice to its renewal. (Pezzarossi, Lisa)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
____________________________________
)
CAMILLE KARDOOSE,
)
ADMINISTRATOR of the ESTATE OF )
LOUIS J. KARDOOSE,
)
)
Plaintiff,
)
)
Civil Action No.
v.
)
14-14188-FDS
)
UZIEL BETANCOURT, MDX
)
TRANSPORT CORP., and NECTALI
)
MORENO,
)
)
Defendants.
)
____________________________________)
ORDER ON PLAINTIFF’S REQUEST FOR NOTICE OF DEFAULT
SAYLOR, J.
This case arises out of a car accident. Defendant Nectali Moreno is a non-resident owner
of one of the vehicles involved. Plaintiff has requested that the Court enter a notice of default
against Moreno because he has not answered or otherwise responded to the complaint. Plaintiff
contends that more than twenty days without a response have passed since Moreno was served
pursuant to Mass. Gen. Laws ch. 223A, § 6 on January 25, 2016, and pursuant to Mass. Gen.
Laws ch. 90, § 3C on February 16, 2016. For the following reasons, plaintiff’s request will be
denied without prejudice.
Mass. Gen. Laws ch. 90, § 3A provides that a nonresident who operates, by himself or
through an agent, a motor vehicle on a public way within Massachusetts “shall be deemed” to
have appointed “the registrar, or his successor in office, to be his true and lawful attorney upon
whom may be served all lawful process in any action or proceeding against him or his executor

or administrator, growing out of any accident or collision in which such person or his agent may
be involved.” Here plaintiff has served an agent of the Registry of Motor Vehicles as service
agent for Moreno.
However, Mass. Gen. Laws ch. 90, § 3C provides that “service of process under section
[3A] . . . shall be made by leaving a copy of the process with a fee . . . in the hands of the
registrar, or in his office, and by giving the defendant notice in either manner provided in
paragraph (1) or in that provided in paragraph (2) hereof.” (emphasis added). Under paragraph
(1), a plaintiff must mail “notice of such service upon the registrar as attorney for the defendant,
and a copy of the process . . . to the defendant at his address of record,” and file an “affidavit of
compliance . . . and the defendant’s return receipt” with the Court. Id. § 3C(1). Alternatively,
under paragraph (2), a defendant must be personally served with that notice, by a “public
officer.” Id. § 3C(2).
Plaintiff has not demonstrated that the service of Moreno complies with either paragraph
(1) or paragraph (2) of Mass. Gen. Laws ch. 90, § 3C. Accordingly, plaintiff’s request for a
notice of default will be denied without prejudice to its renewal.
So Ordered.

/s/ F. Dennis Saylor
F. Dennis Saylor IV
United States District Judge

Dated: March 10, 2016

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