Whipple v. Brantley

Filing 6

ORDER granting Plaintiff's 4 Motion for Alternate Service. Signed by Magistrate Judge Elizabeth A. Stafford. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MERIK WHIPPLE,
Plaintiff,
v.

Case No. 24-12088
Honorable F. Kay Behm
Magistrate Judge Elizabeth A. Stafford

YVONNE BRANTLEY,
Defendant.
ORDER GRANTING PLAINTIFF’S MOTION
FOR ALTERNATE SERVICE (ECF NO. 4)
Plaintiff Merik Whipple moves for alternate service of process upon
Defendant Yvonne Brantley. ECF No. 4. The Honorable F. Kay Behm
referred this motion to the undersigned under 28 U.S.C. § 636(b)(1). ECF
No. 5.
Whipple states that in a similar 2024 case against Brantley, a process
server made four attempts to serve her at her residence. ECF No. 4,
PageID.25; see Neilson v. Brantley, Case No. 24-cv-10934-FKB-EAS. But
all attempts failed. ECF No. 4, PageID.25. Whipple’s motion is supported
by an affidavit of that process server, detailing his attempts and stating his
belief that Brantley “is purposefully avoiding service.” ECF No. 4-2,
PageID.32. Whipple seeks leave for alternative service by mail and tacking

the summons and complaint to the front door of Brantley’s last known
address. ECF No. 4, PageID.26.
Federal Rule of Civil Procedure 4 allows for service under the law of
the state where the district court is located or where service is made. Fed.
R. Civ. P. 4(e)(1). Thus, a Court addressing proper means of service must
consult service rules for Michigan. Steele-El v. Valvoline Instant Oil
Change, 18-12277, 2019 WL 4640348, at *7 (E.D. Mich. Sept. 24, 2019).
In Michigan, service on an individual may be accomplished by:
(1) delivering a summons and a copy of the complaint to the
defendant personally; or
(2) sending a summons and a copy of the complaint by registered
or certified mail, return receipt requested, and delivery
restricted to the addressee. Service is made when the
defendant acknowledges receipt of the mail. A copy of the
return receipt signed by the defendant must be attached to
proof showing service under subrule (A)(2).
Mich. Ct. R. 2.105(A). If a party shows that “service of process cannot
reasonably be made as provided by [these rules],” the Court may permit
service of process “in any other manner reasonably calculated to give the
defendant actual notice of the proceedings and an opportunity to be heard.”
Mich. Ct. R. 2.105(J)(1).
Whipple shows that there were several unsuccessful attempts to
serve Brantley via process server in another case. As required by Rule
2.105(J)(2), Whipple has requested this order in a verified motion setting
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forth “sufficient facts” that service under the other provisions of Rule 2.105
cannot be made. See also Moseley v. Regency Transportation, LLC, 525
F. Supp. 3d 823, 825 (E.D. Mich. 2021) (granting alternate service when
plaintiff showed “that service cannot be made by the prescribed means
under Mich. Ct. R. 2.105(A).”). Thus, the Court GRANTS Whipple’s motion
for alternate service. Alternative service may be effected by:
• Tacking or affixing, by a process server, of the summons,
complaint, and this order at 2005 Fremont Street, Bay City, MI
48708;
• Mailing the same documents via certified mail return receipt to
2005 Fremont Street, Bay City, MI 48708; and,
• Mailing the same documents via first-class mail to 2005
Fremont Street, Bay City, MI 48708.
Whipple must effectuate service by September 30, 2024.
IT IS SO ORDERED.
s/Elizabeth A. Stafford
ELIZABETH A. STAFFORD
United States Magistrate Judge

Dated: August 30, 2024

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NOTICE TO PARTIES ABOUT OBJECTIONS
Within 14 days of being served with this order, any party may file
objections with the assigned district judge. Fed. R. Civ. P. 72(a). The
district judge may sustain an objection only if the order is clearly erroneous
or contrary to law. 28 U.S.C. § 636. “When an objection is filed to a
magistrate judge’s ruling on a non-dispositive motion, the ruling
remains in full force and effect unless and until it is stayed by the
magistrate judge or a district judge.” E.D. Mich. LR 72.2.

CERTIFICATE OF SERVICE
The undersigned certifies that this document was served on counsel
of record and any unrepresented parties via the Court’s ECF System to
their email or First Class U.S. mail addresses disclosed on the Notice of
Electronic Filing on August 30, 2024.
s/Julie Owens
JULIE OWENS
Case Manager

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