Crook v. MEZA-MUROS et al

Filing 27

Memorandum Opinion and Order Granting 25 MOTION FOR SUBSTITUTED SERVICE OF PROCESS filed by Wendy Crook. In accordance with Rule 106(b), the Court authorizes substitute service of process on Defendant A & Ls Construction & Ready Mix by (1) le aving a copy of the citation and petition with anyone older than sixteen at 1969 Cornell Ave., Melrose Park, IL 60160 or (2) leaving a copy of the citation and petition at Defendant A & Ls Construction & Ready Mixs last known address. (Ordered by Judge Brantley Starr on 11/13/2023) (cea)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
WENDY CROOK,

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§ Civil Action No. 3:23-CV-1096-X
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Plaintiff,
v.
ROBERTO MEZA-MUROS, et al.,
Defendant.

MEMORANDUM OPINION AND ORDER
Plaintiff Wendy Crook filed a Motion for Substitute Service. (Doc. 25). Because
Plaintiff has been unable to serve Defendant A & L’s Construction & Ready Mix after
multiple attempts, the Court GRANTS the motion.
Rule 106(b) of the Texas Rules of Civil Procedure authorizes substitute service
of process that is “reasonably effective to give the defendant notice of suit” provided
the motion is accompanied by a sworn statement “listing any location where the
defendant can probably be found and stating specifically the facts showing that
service has been attempted” under 106(a) of the Rules. 1

Plaintiff has satisfied

106(b)’s sworn statement requirement. 2 The Court finds that substitute service will
be reasonably effective to give Defendant A & L’s Construction & Ready Mix notice
of this lawsuit. Therefore, in accordance with Rule 106(b), the Court authorizes
substitute service of process on Defendant A & L’s Construction & Ready Mix by (1)

1

TEX. R. CIV. P. 106(b)(2).

2

See Doc. 25 at 5–6.

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leaving a copy of the citation and petition with anyone older than sixteen at 1969
Cornell Ave., Melrose Park, IL 60160 or (2) leaving a copy of the citation and petition
at Defendant A & L’s Construction & Ready Mix’s last known address.
IT IS SO ORDERED this 13th day of November, 2022.

BRANTLEY STARR
UNITED STATES DISTRICT JUDGE

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