Younger v. Strike Team Inc et al
Filing
19
MEMORANDUM OPINION AND ORDER granting 18 MOTION to Authorize Substitute Service on Defendant Walter Roberts filed by Kevin Younger. (Ordered by Judge Sidney A Fitzwater on 8/29/2017) (Judge Sidney A Fitzwater)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
KEVIN YOUNGER, individually, and on
behalf of all others similarly situated,
Plaintiff,
VS.
STRIKE TEAM, INC. d/b/a DALLAS
SECURITY AND ALARM, NORTH
TEXAS SECURITY & ALARM, INC.,
WALTER ROBERTS, ELIZABETH
ROBERTS, HENRY CLEMONS,
MICHAEL McGREGOR, JOHN
ROBERTS, AND PAMELA ROBERTS,
Defendants.
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§ Civil Action No. 3:17-CV-1287-D
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MEMORANDUM OPINION
AND ORDER
Plaintiff Kevin Younger (“Younger”) moves for leave to effect substitute service on
defendant Walter Roberts (“Roberts”). The court grants the motion.1
I
Younger filed this suit seeking recovery of compensation under the Fair Labor Standards Act
for work performed for defendants, inter alia, Roberts, Strike Team, Inc., doing business as Dallas
Security and Alarm, and North Texas Security & Alarm, Inc. Through a process server, Younger
has attempted to personally serve Roberts at the office location for both defendant corporations at
Fort Worth Avenue in Dallas. Younger has also attempted to personally serve Roberts four times
1
Under § 205(a)(5) of the E-Government Act of 2002 and the definition of “written opinion”
adopted by the Judicial Conference of the United States, this is a “written opinion[] issued by the
court” because it “sets forth a reasoned explanation for [the] court’s decision.” It has been written,
however, primarily for the parties, to decide issues presented in this case, and not for publication in
an official reporter, and should be understood accordingly.
at Roberts’ residence at N. Winnetka Drive2 in Dallas: on August 8, 2017, at 7:16 p.m.; August 9,
2017, at 6:55 a.m.; on August 10, 2017, at 8:43 p.m.; and on August 11, 2017, at 11:50 a.m.
Younger’s motion for substitute service is supported by the declaration of Christine Hopkins and
the affidavit of Mike Brady, which detail Younger’s attempt to serve Roberts at Fort Worth Avenue.
Younger’s motion is further supported by the affidavit of Joy Braggs (“Braggs”), in which she
details her attempts to serve Roberts at N. Winnetka Drive. Braggs avers that she attempted to serve
Roberts on four different days and at four different times of day, and that a vehicle registered to
Roberts was parked in the driveway at the time of the attempt on August 10, 2017. Braggs also
called Roberts on August 15, 2017 at 10:35 a.m., and Roberts refused to accept service at the VA
Hospital in Dallas, where he claimed to be seeking treatment.
II
Younger moves for leave to effect substitute service on Roberts. He asks the court to allow
him to serve Roberts by posting a copy of this order, the summons, and complaint at the N.
Winnetka Drive address in Dallas, and by sending a copy of this order, the summons, and complaint
by regular U.S. Mail to Roberts at the same address. Fed. R. Civ. P. 4(e)(1) provides that service
can be made by “following state law for serving a summons in an action brought in courts of general
jurisdiction in the state where the district court is located or where service is made[.]” Texas law
provides that when personal service has been unsuccessful,
[u]pon motion supported by affidavit stating the location of the
defendant’s usual place of business or usual place of abode or other
2
To address the privacy concerns associated with disclosing residence addresses, the court
will refer to addresses by street name without listing the specific address and city. See Fed. R. Civ.
P. 5.2(e)(1) (permitting court to require redact of information not specifically listed in Rule
5.2(a)(1)-(4)).
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place where the defendant can probably be found and stating
specifically the facts showing that service has been attempted . . . but
has not been successful, the court may authorize service . . . (2) in
any other manner that the affidavit or other evidence before the court
shows will be reasonably effective to give the defendant notice of the
suit.
Tex. R. Civ. P. 106(b). In this case, “service has been attempted but has not been successful.”
Younger’s multiple attempts through a process server to serve Roberts at his residence address
support the reasonable inference that any further attempts will also be unsuccessful.
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Accordingly, the court grants Younger’s August 24, 2017 motion to authorize substitute
service on defendant Walter Roberts as set forth in this memorandum opinion and order.
SO ORDERED.
August 29, 2017.
_________________________________
SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE
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