Qandah v. Johor Corporation et al

Filing 16

STIPULATED ORDER concerning Waiver of Service of Process and denying 14 Motion for Alternate Service. Signed by District Judge Robert H. Cleland. (LWag)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
)
)
)
)
) Case No. 2:17-cv-11126-RHC) EAS
)
) Hon. Robert H. Cleland
)
)
)
)

NATALIE QANDAH, a citizen of
the United States of America
Plaintiff,
v.
JOHOR CORPORATION, a
Malaysian Company and YB
DATO KAMARUZZAMAN BIN
ABU KASSIM, a citizen of
Malaysia.
Defendants.

STIPULATED ORDER CONCERNING
WAIVER OF SERVICE OF PROCESS

This matter having come before the Court upon the stipulation of the parties;
the Court being advised that the parties disagree whether service of the initial
Complaint properly was effected upon the Defendants; the Defendants having raised
the defense of improper service, among other defenses, in their Motion to Dismiss
First Amended Complaint (Doc #11) (“Motion to Dismiss”); Plaintiff having filed a
Motion to Deem Service Effected on Defendants or, Alternatively, Motion for
Alternative Service and to Establish Time for Service (Doc #14) (“Motion
Regarding Service”); and the Court being advised that in an effort to resolve this one
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particular issue, Defendants have agreed to waive service pursuant to Fed.R.Civ.P.
4;
IT IS HEREBY ORDERED that:
1.

Service of the initial Complaint and First Amended Complaint are

hereby deemed waived pursuant to Fed.R.Civ.P. 4. Waiver of service shall not be
deemed a waiver of any other defenses or objections that Defendants might have
regarding the lawsuit;
2.

Defendants’ specific objection regarding service of process set forth in

their pending Motion to Dismiss (Doc #11, Pg ID 166 and 176) is moot. All of
Defendants’ other objections and issues set forth in the Motion to Dismiss remain
and are not impacted by this Order and will be addressed by the parties and the Court
in the ordinary course pursuant to the schedule in the July 5, 2017, Order (Doc #13);
3.

Plaintiff’s Motion Regarding Service (Doc #14) is denied without

prejudice as moot; and
4.

Nothing herein shall be construed as an endorsement by either Plaintiff

or Defendants as each other’s arguments regarding service of process.
IT IS SO ORDERED.
S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

Dated: July 18, 2017

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I hereby certify that a copy of the foregoing document was mailed to counsel of record
and/or pro se parties on this date, July 18, 2017, by electronic and/or ordinary mail.

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

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Stipulated and Agreed as to form and substance:
/s/ Natalie C. Qandah
Natalie C. Qandah (P58434)
On behalf of herself

/s/ Benjamin W. Jeffers
Benjamin W. Jeffers (P57161)
Limited Appearance on behalf of Defendants
Dated: July 14, 2017

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