Ford v. Roosen, Varchetti & Olivier, PLLC

Filing 5

ORDER granting 3 Motion for Alternate Service. Signed by District Judge Arthur J. Tarnow. (MLan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PATRICIA ANN FORD,
Plaintiff,

Case No. 14-14794

v.

HONORABLE ARTHUR J. TARNOW
SENIOR UNITED STATES DISTRICT JUDGE

ROOSEN, VARCHETTI & OLIVIER,
PLLC,

HONORABLE DAVID R. GRAND
UNITED STATES MAGISTRATE JUDGE

Defendant.
______________________________/
ORDER GRANTING PLAINTIFF’S EX PARTE
MOTION FOR ALTERNATE SERVICE [3]
Before the Court is Plaintiff’s Ex Parte Motion for Alternate Service [3] and its
attendant Exhibit B [4]. Plaintiff has been unable to effectuate service of the
Summons [2] in this matter due to Defendant’s deliberate evasion of service. Plaintiff
does not request a specific alternative method of service.
On February 6, 2015, Plaintiff counsel presented an envelope containing a
Waiver of Service Summons and Complaint to a white lady at the front desk of the
law office at 39541 Garfield Road, Clinton Township, Michigan 48038. As Plaintiff
counsel was returning to his truck in the parking lot, a younger white man ran out of
the office and put the envelope containing the Waiver of Service in the bed of Plaintiff
counsel’s pickup truck.
Subsequently, Plaintiff’s counsel retained U.S. Federal Process Service to
effectuate service on Defendant. On February 18, 2015, S. Miller, on behalf of U.S.

Federal Process Service, attempted personal service on Paul E. Varchetti, as
Defendant’s Registered Agent, at 39541 Garfield Road, Clinton Township, Michigan
48038. The receptionist at that address told Miller that there was no one in the office
who could accept service and that Paul Varchetti was out of town. A manager at the
office who would only give his first name, Carl, stated that Miller would have to make
an appointment to serve Paul Varchetti. When Miller tried to make an appointment,
Carl stated that he could not make an appointment without Varchetti.
On March 3, 2015, Miller, on behalf of U.S. Federal Process Service, contacted
Defendant via telephone [phone]) to schedule an appointment to effectuate
service on Defendant. The receptionist told Miller he could speak to Paul Varchetti
and put Miller on hold. Then the receptionist picked up the phone and asked what the
call was regarding. When Miller stated he had a federal summons to serve, the
receptionist said she was not sure whether Paul Varchetti was in the office. The
receptionist put Miller back on hold, ostensibly to check if Varchetti was in the office,
and upon her return, told Miller that Paul Varchetti was out and she would take a
message.
Subsequently, Plaintiff’s counsel retained Allen and Hope Process Serving
(“AHPS”) to effectuate service on Defendant. On March 6, 2015, AHPS attempted
personal service on Defendant at 39541 Garfield Road, Clinton Township, Michigan
48038 by leaving the Summons and Complaint at the front desk of the office with a
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blond lady, who was approximately fifty years old. See [3] at 2; [4]. The lady
indicated that she could not accept service and called out to “Paul.” The man who
responded to the name “Paul” ran outside and threw the Summons and Complaint at
the AHPS server as she was driving away. The AHPS server then placed the
Summons and Complaint on the door of Defendant’s office, which “Paul” had locked.
Michigan public records indicate that Paul E. Varchetti is the Registered Agent
for service of process for Defendant Roosen, Varchetti & Olivier, PLLC. Michigan
public records further indicate that process may be served upon Defendant at 39541
Garfield, Clinton Township, Michigan 48038. The Court finds that service of process
cannot reasonably be made in a manner set forth under Michigan law, and that the
substitute means are reasonably calculated to give Defendant actual notice of the
proceedings and an opportunity to be heard. FRCP 4(e)(1); Mich. Ct. R. 2.105(I)(1).
Accordingly,
IT IS ORDERED that Plaintiff’s Ex Parte Motion for Alternate Service [3] is
GRANTED.
IT IS FURTHER ORDERED that the Summons [2] in this matter shall NOT
EXPIRE until May 17, 2015.
IT IS FURTHER ORDERED that Plaintiff SHALL SERVE Defendant on
or before April 30, 2015 in the following manner:

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mailing a copy of the Summons [2], the Complaint [1], her Ex
Parte Motion for Alternate Service [3], her Exhibit [4], and this
Order [5] by registered mail (return receipt requested) to 39541
Garfield Road, Clinton Township, Michigan 48038 to Paul E.
Varchetti’s and Roosen, Varchetti & Olivier, PLLC’s attention.
IT IS FURTHER ORDERED that Plaintiff SHALL FILE the return receipt
confirming service as provided supra.
IT IS FURTHER ORDERED that Defendant SHALL SHOW CAUSE why
the Court should not award Plaintiff the fees and costs she has incurred attempting
service in this matter.
SO ORDERED.

Dated: April 10, 2015

s/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge

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