Robinson v. American United Life Insurance Company et al
Filing
32
ORDER AND OPINION denying 9 Motion for Default Judgment against Wateree. Signed by Honorable J Michelle Childs on 2/5/2018.(asni, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Sadie H. Robinson,
)
)
Plaintiff,
)
)
v.
)
)
Wateree Community Actions, Inc,
)
)
Defendant.
)
____________________________________)
Civil Action No.: 3:17-cv-01578-JMC
ORDER AND OPINION
On May 17, 2017, Plaintiff filed a Complaint against American United Life Insurance
Company (“AUL”) 1 and Wateree Community Actions, Inc. (“Wateree”) in the Court of Common
Pleas for the County of Sumter. (ECF No. 1-1 at 3-9.) AUL removed the case to this court on the
basis of federal question subject matter jurisdiction, 28 U.S.C. § 1331, as Plaintiff’s claims are
governed by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001
et seq. (ECF No. 1 at 2 ¶¶ 7-8.) This case was also removed on the basis that this court has subject
matter jurisdiction pursuant to 29 U.S.C. § 1132(e). 2 (Id. at ¶ 10.) On May 30, 2017, Plaintiff
allegedly served Wateree with the Summons and Complaint by certified mail, but Wateree did not
respond. (ECF No. 9-1 at 1 ¶ 4.) On June 27, 2017, Plaintiff filed a Request for Entry of Default
against Wateree (ECF No. 6), and the Clerk of Court (“Clerk”) filed an Entry of Default (ECF No.
8) on June 28, 2017. Once the Clerk filed the Entry of Default, Plaintiff filed a Motion for Default
1
Plaintiff voluntarily dismissed AUL from the case on September 22, 2017. (See ECF No. 26.)
2
Pursuant to 29 U.S.C. § 1132(a)(1)(B), “a civil action may be brought by a participant or
beneficiary to recover benefits due to him under the terms of his plan, to enforce his rights under
the terms of the plan, or to clarify his rights to future benefits under the terms of the plan[.]” “State
courts of competent jurisdiction and district courts of the United States shall have concurrent
jurisdiction of actions under paragraphs (1)(B) and (7) of subsection (a) of this section.” 29 U.S.C.
§ 1132(e).
1
Judgment against Wateree (ECF No. 9) on the same day. Also on June 28, 2017, Wateree entered
a written appearance (ECF No. 10) and filed a Response to Plaintiff’s Motion for Default Judgment
(ECF No. 11).
Wateree asserts that “the court does not have jurisdiction to enter default in this case”
because the court’s personal jurisdiction over it has not been established. (ECF No. 11 at 1.)
Wateree asserts that Plaintiff did not serve it in compliance with S.C. R. Civ. P. 4(d)(8) as no
“return receipt” was requested and delivery was not restricted to the addressee. (Id. at 2-3.) Lastly,
Wateree asserts that Nubiana, who signed the “green card” for delivery of the Summons and
Complaint, was not authorized to accept service for Annette Tucker, Wateree’s Executive Director,
and to whom service was addressed. (Id. at 3.)
Before the court is Plaintiff’s Motion for Default Judgment (ECF No. 9), and for the
reasons set forth below, the court DENIES Plaintiff’s Motion.
I.
LEGAL STANDARD
S.C. R. Civ. P. 4(c) states that “[s]ervice of summons may be made by the sheriff, his
deputy, or by any other person not less than eighteen (18) years of age, not an attorney in or a party
to the action.” If a corporation is being served in-person, then pursuant to S.C. R. Civ. P. 4(d)(3),
“service shall be made . . . by delivering a copy of the summons and complaint to an officer, a
managing or general agent, or to any other agent authorized by appointment or by law to receive
service of process and if the agent is one authorized by statute to receive service and the statute so
requires, by also mailing a copy to the defendant.” A corporation can also be served by certified
or registered mail, but when service is made, a return receipt must be requested and delivery must
be restricted to the addressee. S.C. R. Civ. P. 4(d)(8). The plaintiff is also able to serve a
defendant, when service is by certified mail, unlike in-person service. Id. “Service is effective
2
upon the date of delivery as shown on the return receipt.” Id. “Service pursuant to [ ] paragraph
[(d)(8)] shall not be the basis for the entry of a default or a judgment by default unless the record
contains a return receipt showing the acceptance by the defendant.” Id.
II.
ANALYSIS
Plaintiff’s lawyers served Wateree by certified mail, thus there were two (2) requirements
for service; (1) a return receipt must be requested, and (2) delivery must be restricted to the
addressee. S.C. R. Civ. P. 4(d)(8). Plaintiff’s Certificate of Service (ECF No. 1-2) includes an
undated copy of the Return Receipt for rendering service, and is signed by someone named
“Nubiana.” 3 The Return Receipt shows that service was addressed to “Wateree Community
Actions, Inc.,” specifically to Annette Tucker (“Tucker”), but she did not sign for service of
process. (ECF No. 1-2.) The court also notes that next to Nubiana’s signature, the boxes for
“agent” or “addressee” were not checked, and there is no evidence presented to confirm that
Nubiana had the authority to receive service of process on behalf of Tucker. (See ECF No. 11 at
3.)
Plaintiff has the burden to establish that service of process was correctly made and that the
court has personal jurisdiction over Defendant. See Jensen v. Doe, 358 S.E.2d 148, 148 (S.C. Ct.
App. 1987). “[Service of process pursuant to] S.C. R. Civ. P. 4 serves at least two (2) purposes.
It confers personal jurisdiction on the court and assures the defendant of reasonable notice of the
action.” Roche v. Young Bros. of Florence, 456 S.E.2d 897, 899 (S.C. 1995). 4
3
The court assumes this is the “green card” that Wateree refers to. The court notes that in the
bottom right corner of this document is the title “Domestic Return Receipt.”
4
Exacting compliance with the rules is not required to effect service of process. Rather, inquiry
must be made as to “whether the plaintiff has sufficiently complied with the rules such that the
court has personal jurisdiction of the defendant and the defendant has notice of the proceedings.”
Id.
3
Plaintiff’s only evidence of proper service is the undated Return Receipt that is not signed
by Annette Tucker, the addressee. (See ECF No. 1-2.) Plaintiff does not provide any evidence
that Nubiana had the authority to receive service of process; thus, Plaintiff has not established that
Annette Tucker or an authorized agent of Wateree received proper notice or service. See Jensen,
358 S.E.2d at 148. Moreover, pursuant to S.C. R. Civ. P. 4(d)(8), without a date on the return
receipt, the court is unable to determine the date of effective service. (See ECF No. 1-2.) Plaintiff’s
service of process was not compliant with S.C. R. Civ. P. 4(d)(8), thus, the court’s personal
jurisdiction over Wateree has not been established and the court cannot enter a judgment for default
against it.
III.
CONCLUSION
For the reasons stated above, the court DENIES Plaintiff’s Motion for Default Judgment
against Wateree (ECF No. 9).
IT IS SO ORDERED.
United States District Judge
February 5, 2018
Columbia, South Carolina
4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?