STATE FARM FIRE & CASUALTY COMPANY v. KATZ

Filing 29

ORDER For the reasons fully stated in the attached Order, the Court will strike the Affidavit of Service and suspend the Answer deadline appearing on the docket. It is further ordered that Plaintiff's deadline in this Court's Show Cause Order (ECF No. 25) will be extended to May 20, 2024. Signed by Judge Marilyn J. Horan on 5/10/2024. (bjl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
PITTSBURGH
STATE FARM FIRE & CASUALTY
COMPANY,
Plaintiff,
vs.
DIANE KATZ, DANIELLE KATZ, and
HYDIN ROAD TRUST

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2:23-CV-00912-MJH

Defendant,
ORDER

Following review of the Affidavit of Service filed on May 9, 2024 (ECF No. 28), the
Court raises, sua sponte, the issue of improper service of process. See Fed.R.Civ.P. 4(m); Pusey
v. Dallas Corp., 938 F.2d 498, 500–01 (4th Cir.1991).
The Affidavit of Service purports that process server, Nikayla Young, made a “successful
attempt” at serving Danielle Katz at 15 Woodbrook Drive, Pittsburgh, PA 15215. However,
from the affidavit, it appears that Ms. Young encountered Ms. Katz’s father at said address who
advised that Ms. Katz was only at the address “sometimes” and that he did not feel comfortable
accepting service. Ms. Young then attests that she left the documents at the address.
Fed. R. Civ. P. 4(e)(2) provides that an individual may be served by doing the following:
(A) delivering a copy of the summons and of the complaint to the individual
personally;
(B) leaving a copy of each at the individual's dwelling or usual place of abode
with someone of suitable age and discretion who resides there; or
(C) delivering a copy of each to an agent authorized by appointment or by law to
receive service of process.
Fed. R. Civ. P. 4(e)(2).

Here, the affidavit does not reflect that Ms. Katz was served personally or that the subject
address that she was at “sometimes” was her “dwelling or usual place of abode.” Therefore, the
Court cannot find that Ms. Katz has been properly served.
Accordingly, the Court will strike the Affidavit of Service and suspend the Answer
deadline appearing on the docket. It is further ordered that Plaintiff’s deadline in this Court’s
Show Cause Order (ECF No. 25) will be extended to May 20, 2024.
Dated: May 10, 2024
BY THE COURT:
MARILYN J. HORAN
United States District Judge

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