721 Bourbon, Inc v. Bourbon Street, LLC et al

Filing 31

ORDER denying 16 Motion to Dismiss. Signed by Senior Judge W. Earl Britt on 10/6/2016. (Marsh, K)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:16-CV-141-BR
721 BOURBON, INC.,
Plaintiff,
v.
BOURBON STREET, LLC, et al.,
Defendants.

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ORDER

This matter is before the court on defendant Bourbon Street, LLC’s motion to dismiss for
insufficient service of process.1 (DE # 16.) Plaintiff filed a response in opposition to the motion,
(DE # 21), and Bourbon Street, LLC filed a reply, (DE # 25). Bourbon Street, LLC challenges
service that plaintiff effected on it through Kevin Corbett, an individual that it claims “is not, and
has never been, a member, manager, officer, registered agent, or authorized agent for [it], and
was not authorized to accept service of process in this action on its behalf.” (DE # 17.) Plaintiff
has since caused summons to Bourbon Street, LLC to be re-issued, (DE # 24), and it appears
plaintiff has recently served Bourbon Street, LLC with a copy of the summons and complaint via
the North Carolina Secretary of State, (see DE # 28). Accordingly, defendant Bourbon Street,
LLC’s motion is DENIED WITHOUT PREJUDICE to challenge service most recently effected.
This 6 October 2016.

__________________________________
W. Earl Britt
Senior U.S. District Judge

1

Defendant Nicole S. McNeil joined in the motion. However, she has been voluntarily dismissed from this action.
(See DE # 26.)