Acosta v. Hong et al

Filing 14

SECOND ORDER DECLINING TO ENTER JUDGMENT ON GARNISHEE'S AMENDED ANSWER by Judge Robert S. Lasnik. (CDA)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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_______________________________________
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R. ALEXANDER ACOSTA, SECRETARY
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OF LABOR,
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Plaintiff,
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v.
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ZHAO “JENNY” ZENG HONG,
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Defendant/Judgment Debtor,
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v.
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LEE SMART, P.S., INC.,
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Garnishee.
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_______________________________________)

Case No. MC17-0072RSL
SECOND ORDER DECLINING TO
ENTER JUDGMENT ON
GARNISHEE’S AMENDED ANSWER

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On September 21, 2017, the Court declined to enter judgment in this matter because there
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was no evidence that plaintiff served the defendant/judgment debtor with a copy of the writ and
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accompanying instructions. In response, plaintiff filed a certificate of service dated July 21,
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2017, in the hopes of correcting the deficiency. Dkt. # 13-1. The certificate is insufficient to
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establish service, however. Counsel avers that she caused Ryan Neumann to personally serve the
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documents by hand delivery. Giving a document to a process server is not evidence that process
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was actually served, nor does the certificate indicate who received the documents. Counsel’s
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statement regarding service by mail is written entirely in the passive voice. It is therefore unclear
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whether the declarant has personal knowledge of the mailing. The Court declines to assume that
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SECOND ORDER DECLINING TO ENTER JUDGMENT
ON GARNISHEE’S AMENDED ANSWER

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statutory notice was given when the statements regarding service are made without personal

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knowledge and/or are unnecessarily ambiguous. The Court again declines to enter judgment in

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this matter.

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Dated this 27th day of September, 2017.

A
Robert S. Lasnik
United States District Judge

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SECOND ORDER DECLINING TO ENTER JUDGMENT
ON GARNISHEE’S AMENDED ANSWER

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