Safeco Insurance Company of America v. EMC Mortgage LLC et al

Filing 13

ORDER (Corrected) denying without prejudice 11 Motion to Declare Respondent Wayne Nolette Properly Served. Motion to permit service by publication is also denied. So Ordered by Judge Joseph N. Laplante. (dae)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE

Safeco Insurance Company of America
v.

Civil No. 11-cv-226-JL

EMC Mortgage LLC, et al.

ORDER (Corrected)

Plaintiff Safeco Insurance Company of America, having located defendant Wayne Nolette
and attempted to serve process on him, moved to declare Nolette properly served or, in the
alternative, to permit service by publication (document no. 11). While the court sympathizes with
the plaintiff's plight, the court has not found, nor been presented with, any authority that would
permit it to declare a defendant properly served where the defendant has not (yet) disputed that
service was proper. Safeco’s motion to declare Nolette properly served is thus denied without
prejudice. Because Safeco has been able to find Nolette, its motion to permit service by publication
is also denied. See, e.g., Hugel v. McNell, 886 F.2d 1, 4 (1st Cir. 1989) (describing service by
“publication as a last ditch effort to notify a missing party of an action against him” where “efforts
to effect personal service” have failed).
SO ORDERED.

August 15, 2011

cc:

James Ogorchock, Esq.
Courtney Herz, Esq.
Joseph Patrick Kennedy, Esq.

_________________________________
Joseph N. Laplante
United States District Judge