Tirado-Maldonado et al v. United States of America et al

Filing 19

ORDER denying 6 Motion to Dismiss for lack of proper service. Signed by Judge Juan M Perez-Gimenez on 9/30/2013. (VCC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO

Glorines Tirado-Maldonado;
Santos Maldonado-González and
Carmen Robles-Burgos
CIV. NO. 12-1673 (PG)
Plaintiffs
v.
United States of America; U.S.
Department of Justice, Drug
Enforcement Administration; ABC
Insurance Company.
Defendants

ORDER
The Complaint in the instant case was filed on August 16, 2012. On
November

9,

2012

defendants,

without

submitting

to

the

court’s

jurisdiction, moved to dismiss the Complaint for lack of proper service
pursuant to Fed. R. Civ. P. 4(i). Docket No. 6. Defendants alleged that
the Attorney General of the United States had not been served with
process. Likewise, defendants asserted that neither the United States

Drug

Enforcement

Administration

(“DEA”)

nor

the

United

States

Department of Justice (“DOJ”) had been served.
Plaintiffs

responded

on

November

26,

2012.

Docket

No.

7.

In

essence, plaintiffs adduced that the summons directed to said parties
“couldn’t be found” and requested that the summons directed to the U.S.
Secretary of Justice and the DEA be reissued.
On December 16, 2012 plaintiffs filed a “Motion to Withdraw Urgent
Motion,” Docket No. 9, whereby they informed the Court that the original
summons for said defendants had been found and mailed through U.S.P.S.
Certified Mail to the parties within the 120 days provided by Fed. R.
Civ. P. 4(m). Hence, plaintiffs cured the initial deficiency in the
service of process.
For that reason, plaintiff’s Motion to Dismiss for lack of proper
service is DENIED.

Civil No. 12-1673 (PG)

Page 2

IT IS SO ORDERED.
In San Juan, Puerto Rico, September 30, 2013.

s/ Juan M. Pérez-Giménez
JUAN M. PEREZ-GIMENEZ
SENIOR U.S. DISTRICT JUDGE