United States of America v. Washington

Filing 4

ORDER granting 3 Motion for Alternate Service. Signed by District Judge George Caram Steeh (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
Case No. 11-CV-13853
HON. GEORGE CARAM STEEH

vs.

RHONDA WASHINGTON,
Defendant.
_____________________________/
ORDER GRANTING PLAINTIFF’S MOTION (#3) FOR ALTERNATIVE SERVICE
UPON DEFENDANT RHONDA WASHINGTON,
Plaintiff moves for alternate service upon defendant Rhonda Washington. Plaintiff
indicates that service of process upon defendant Washington cannot reasonably be made
as provided in Federal Rule of Civil Procedure 5 and Michigan Court Rule 2.105 as shown
in the affidavit of evasion prepared by process server, Walter Spears. See Ex. A.
Defendant’s last known address, where Spears has attempted to serve process upon
defendant on five separate occasions, is the current home address on file with the United
States Post Office as set forth in the attached U.S. Postal Verification. See Ex. C.
Further, service by certified mail, return receipt requested to Washington’s last known
address was returned "unclaimed."
Service upon an individual situated within any federal judicial district may be
effected in this district pursuant to the law of Michigan. Fed. R. Civ. P. 4(e)(1). M.C.R.
2.106 provides for service of process by publication. Pursuant to M.C.R. 2.106(C),

defendant Washington is hereby notified:
This action is pending in the United States District Court for the Eastern
District of Michigan, in the United States Courthouse located at 231 West
Lafayette, Detroit Michigan, 48226;
The plaintiff is the United States of America;
The defendant is Rhonda Washington;
Plaintiff is suing the defendant for outstanding student loan debt totaling
$7,138.06 as of July 5, 2011;
Upon receiving notice of this action, defendant Washington shall answer or
otherwise defend in this action as required under the Federal Rules of Civil
Procedure and other applicable law;
Defendant Washington’s failure to answer or otherwise defend in this lawsuit
may lead to entry of Washington's default, and default judgment.
See M.C.R. 2.106(C). Defendant Washington shall be notified of this action by publication
as provided for in M.C.R. 2.106(D). Plaintiff shall send a copy of this order by first class
regular mail and by registered or certified mail, return receipt requested, to defendant
Washington at her Detroit, Michigan home address notwithstanding that an earlier mailing
was returned "unclaimed." M.C.R. 2.106(D)(2). Plaintiff shall also publish this notice once
each week for three consecutive weeks in a newspaper in the county in which
Washington's residence is located. M.C.R. 2.106(D)(1).
As set forth above, plaintiff’s motion for alternate service is hereby GRANTED.
SO ORDERED.

s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
Dated: November 29, 2011
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CERTIFICATE OF SERVICE
Copies of this Order were served on the attorneys of record on November 29, 2011, by
electronic and/or ordinary mail and also to Rhonda Washington at 2418 Edison St., Detroit,
MI 48206.

s/Josephine Chaffee
Secretary/Deputy Clerk

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