Biobest U.S.A., Inc. v. LN Assure Trades Inc. et al

Filing 11

ORDER Granting Plaintiff's 5 Motion for Alternate Service--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BIOBEST U.S.A., INC.,
Plaintiff,
v.

Case No. 2:18-cv-11434
District Judge Denise Page Hood
Magistrate Judge Anthony P. Patti

LN ASSURE TRADES INC., and
JPMORGAN CHASE BANK,
N.A.,
Defendants.
___________________________________/
ORDER GRANTING PLAINTIFF’S EX PARTE MOTION FOR
ALTERNATE SERVICE OF PROCESS ON DEFENDANT LN ASSURE
TRADES INC. (DE 5)
This matter is before the Court on Plaintiff’s motion for alternate service of
process on Defendant LN Assure Trades Inc. (DE 5.) In its motion, Plaintiff
outlines the ultimately unsuccessful steps it has taken to serve Defendant, LN
Assure Trades Inc., a Florida corporation. Specifically, Plaintiff’s process server
has been unable to serve LN Assure Trades Inc. at its principal, mailing, and
registered address, which is a residential address, as listed by the Florida
Department of State, Division of Corporations. (DE 5 at 2-3, 13-18.) The process
server was informed by Alexis Morales, an individual residing at that address, that
Lindsy Navarro, the registered agent for LN Assures Trades Inc., allegedly no
longer lives there. (Id.) However, according to a recent background report on

Lindsy Navarro, she continues to reside at that address. (Id. at 3, 19-30.) Plaintiff
contends that it appears the LN Assure Trades Inc.’s registered agent is evading
service.
The Court agrees that traditional methods of serving Defendant LN Assure
Trades Inc. have failed and alternate methods of service are therefore warranted.
Accordingly, Plaintiff’s motion is GRANTED. Plaintiff is permitted to make
service of process on Defendant LN Assure Trades Inc. pursuant to Federal Rules
of Civil Procedure 4(e)(1) and 4(h)(1)(A) and Michigan Court Rule 2.105 by
taking the following actions:
1. Plaintiff shall personally serve an individual of suitable age at LN Assure
Trades Inc.’s principal, mailing, and registered address, 6195 Rock Island
Rd., Apt. 508, Tamarac, Florida 33319, with a copy of this Order, along with
copies of the summonses, pleadings, and other papers on file;1
2. Plaintiff shall mail, by first class mail, postage prepaid, a copy of this Order,
along with copies of the summonses, pleadings, and other papers on file, to
Defendant LN Assure Trades Inc.’s principal, mailing and registered

1

Fed. R. Civ. P. 4(e)(1) provides for service “following state law for serving a
summons in action brought in courts of general jurisdiction in the state where the
district court is located or where service is made[.]” Plaintiff notes that this
proposed method of service would also comply with Florida service of process
laws. See Fla. Stat. §§ 48.081(3)(b), 48.031(1)(a).
2

address, 6195 Rock Island Rd., Apt. 508, Tamarac, Florida 33319, and shall
promptly file proof of service by mailing; and
3. After three documented unsuccessful attempts to effect personal service as
outlined in paragraph 1 above, Plaintiff may post a copy of this Order, along
with copies of the summonses, pleadings, and other papers on file, by
tacking or otherwise firmly affixing the same to the door of Defendant LN
Assure Trades Inc’s principal, mailing and registered address. Plaintiff shall
promptly file proof of service by posting.

IT IS SO ORDERED.

Dated: June 4, 2018

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

Certificate of Service
I hereby certify that a copy of the foregoing document was sent to parties of record
on June 4, 2018, electronically and/or by U.S. Mail.

s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

3