Sorensson v. Ditech Financial LLC/GreenTree

Filing 12

ORDER denying 11 Motion for Amendment or Additional Findings of Facts based on Rule 52(b), MOTION for a trial, MOTION for the pro bono panel to review the case. The court ORDERS the service deadline to be extended until December 4, 2017. Not lat er than October 13, 2017, Sorensson is DIRECTED to submit a newsummons to the clerk that complies with North Carolina law and the Federal Ru1es of Civil Procedure. Once Sorrenson files a new summons, the clerk is DIRECTED to issue the summons prepared by Sorennson. Signed by Chief Judge James C. Dever III on 10/3/2017. Sent to Karolina Sorensson 615 Flybridge Lane Beaufort, NC 28516 via US Mail. (Briggeman, N.)

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
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No. 4:17-CV-67-D
KAROLINA SORENSSON,
Plaintiff,
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ORDER

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DITECH FINANCIAL LLC/ GREENTREE, )
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Defendant. )
On May 15, 2017, Karolina Sorensson ("Sorensson" or "plaintiff''), appearing prose, applied
to proceed in forma pauperis and filed a proposed complaint and a proposed summons [D.E. 1]. On
May 19, 2017, the court granted Sorensson' s application, directed the clerk to file the complaint and
issue the proposed summons, and directed the U.S. Marshal to serve the summons and a copy of the
·complaint on defendant [D.E. 4].
On June 22, 2017, the U.S. Marshal Service returned a USM-285 form [D.E. 7]. The form
indicated that the summons and complaint was delivered to defendant on May 30, 2017, but no
return receipt was received from the United States Postal Service. Id.
On July 18,2017, Sorenssonmovedfordefaultjudgment [D.E. 9]. On August 15,2017, the
court denied the motion [D.E. 10]. On August 23, 2017, Sorensson filed a "motion for amended or
additional findings of fact" [D.E. 11].
The deadline for effecting service has expired, and defendant has not been served. Defendant
is a corporation. See Compl. [D.E. 1-1] 5. Proper service may be effected under Rule 4(h) of the
Federal Rules of Civil Procedure by following state law for serving a summons in an action brought
in courts of general jurisdiction in the state where the district court is located, or by delivering a copy

of the summons and of the complaint to an officer, a managing or general agent, or any other agent
authorized by appointment or by law to receive service of process. See Fed. R. Civ. P. 4(h)(l).
North Carolina law provides for service by certified mail, but requires that the delivery be
addressed to certain persons to effect service. See. N.C. Gen. Stat.§ 1A-1, Ru1e 40)(6) (providing
that service by certified mail is effective if"addressed to the officer, director or agent" or "an agent
authorized by appointment or by law to be served or to accept service of process); Choice Hotels
lnt'l v. Amcee Enter.. Inc., No. 5:13-CV-200-F, 2014 WL 3778932, at *2 (E.D.N.C. Ju1y 31, 2014)
(unpublished);Adamsv. GEMoneyB~No.1:06cv227,2007WL 1847283,at*3 (M.D.N.C.June
25, 2007) (unpublished). No evidence in the record suggests that Sorensson directed the summons
and complaint to a proper. person for service under North Carolina law and the Federal Ru1es of Civil
Procedure.
The court ORDERS the service deadline to be extended until December 4, 2017. See Fed.

R. Civ. P. 4(m). Not later-than October 13, 2017, Sorensson is DIRECTED to submit a new
summons to the clerk that complies with North Carolina law and the Federal Ru1es of Civil
Procedure. Once Sorrenson files a new summons, the clerk is DIRECTED to issue the summons
prepared by Sorennson. The U.S. Marshal is DIRECTED to serve the summons and a copy of the
complaint on defendant, and if service is made via certified mail, return receipt requested, to file a
copy of the return receipt. Sorensson' s motion for amended or additional findings of fact [D.E. 11]
is DENIED.
SO ORDERED. This _l_ day of October 2017.

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