LNV Corporation v. Keisler et al

Filing 12

ORDER granting 11 Motion for Alternate Service. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LNV CORPORATION,

Case No. 2:11-10326-rhc-rsw
Hon: Robert H. Cleland
Magistrate: R. Steven Whalen

Plaintiff,
v.
JACK KIESLER,
and TONY DJORDJESKI
jointly and severally,
Defendants.
__________________________________________/
WALTON & DONNELLY, P.C.
By: Jonathan T. Walton, Jr. (P32969)
Patrick N. Butler (P58762)
1550 Buhl Building
535 Griswold Street
Detroit, MI 48226
[phone]
Attorneys for Plaintiff
__________________________________________/

ORDER FOR ALTERNATE SERVICE
At a session of the Court, held in Detroit, MI,
on:

May 3, 2011

PRESENT: Honorable

ROBERT H. CLELAND
U.S. District Court Judge

This case came before the Court on Plaintiff’s verified second ex parte motion for
alternate service. The Court considered the papers filed by Plaintiff in support of its motion, is
fully advised and orders as follows:
1.

Plaintiff commenced this case seeking damages for breach of contract, in an

amount greater than $25,000.00. Plaintiff having shown, by verified facts, due diligence in
attempting to serve the original summons and that service of process cannot reasonably be made

as provided by MCR 2.105, the Plaintiff shall be permitted to make service of process on
Defendant Jack Kiesler as provided in this order.
2.

Plaintiff shall post a copy of this order, along with copies of the summons and

amended complaint, by tacking or otherwise firmly affixing the same to the door of the dwelling
place located at 36700 Ridgecroft, Sterling Heights, MI 48312; Plaintiff shall promptly file proof
of service by posting.
3.

Plaintiff shall mail—by first class mail and by certified mail, return receipt

requested—copies of this order, along with copies of the summons and amended complaint, to
Defendant Jack Kiesler, addressed as follows:
Jack Kiesler
36700 Ridgecroft
Sterling Heights, MI 48312
Plaintiff shall promptly file proof of service by mailing.
4.

Defendant shall file an answer to the complaint, or take other action permitted by

law or court rule, on or before 28 days after posting. The address for filing is:
United States District Court
Eastern District of Michigan
Theodore Levin Courthouse
231 W. Lafayette Blvd.
Room 564
Detroit, MI 48226
5.

Defendant Jack Kiesler shall also serve any answers or other papers filed with the

Court on Plaintiff, by first class mail, on or before 28 days after posting, at the following address:
Walton & Donnelly, P.C.
1550 Buhl Building
535 Griswold Street
Detroit, MI 48226

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6.

If Defendant Jack Kiesler fails to file and serve an answer or to take other action

as provided in this order, the Court may, on Plaintiff’s motion, enter default and default
judgment against Defendant.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

Dated: May 3, 2011

I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, May 3, 2011, by electronic and/or
ordinary mail.

s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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