Alexander-Bonneau v. Safeway, Inc.

Filing 42

OPINION AND ORDER: For the reasons stated above, I GRANT Defendant's Motion to Dismiss 26 without prejudice. Signed on 11/30/2018 by Judge Michael W. Mosman. (kms)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

RYAN ALEXANDER-BONNEAU,
Plaintiff,

No. 3:18-cv-00156-MO
OPINION AND ORDER

v.
SAFEWAY,INC.,
Defendant.

MOSMAN,J.,
For the same reasons stated in my July 27, 2017, Opinion and Order [24], Plaintiff has
not demonstrated compliance with Fed. R. Civ. P. 4. In particular, Plaintiff has failed to show
compliance with Or. R. Civ. P. 7D(2)(d)(i), which requires that service by mail "shall be made
by mailing true copies of the summons and the complaint to the defendant by first class mail and
by any of the following: certified, registered, or express mail with return receipt requested."
Although Plaintiff claims that he mailed copies of the summons and the complaint to Defendant
by express mail, he has not demonstrated that he requested a return receipt. Because Plaintiff has
not provided any evidence showing that his method of service would allow him to know that
Defendant received and accepted the summons and the complaint, I conclude that service was
inadequate.

1 - OPINION AND ORDER

CONCLUSION
For the reasons stated above, I GRANT Defendant's Motion to Dismiss [26] without
prejudice.

IT IS SO ORDERED.
DATED this

5a day ofNovember, 2018.
MICHAEL W. MOSMAN
Chief United States District Judge

2 - OPINION AND ORDER