Summary
This United States District Court order grants the plaintiff's motion for substituted service of process on the defendant, Rushabh Jivan LLC d/b/a Safari Inn Motel. After finding that personal service on the registered agent was unsuccessful despite diligent efforts, the court authorized substituted service under Federal Rule of Civil Procedure 4 and Texas Rule of Civil Procedure 106. The order permits service by leaving documents with a person at the motel's usual place of business or affixing them to the front entrance, accompanied by first-class mail, within 30 days.
Topics
Practice areas
Questions Presented
- Whether the affidavit satisfies Texas Rule of Civil Procedure 106(b) and thus authorizes substituted service under Federal Rule of Civil Procedure 4(h).
Holdings
- The motion for substituted service is granted because the affidavit strictly complies with Texas Rule 106(b) requirements.
Key quotations
“Federal Rule of Civil Procedure 4(h) permits service of process on a corporation, partnership, or association in the same manner permitted for service on an individual under Rule 4(e)(1).”
“Texas Rule of Civil Procedure 106(b) provides that substituted service may be effected ... by leaving a copy of the documents with anyone over sixteen years of age at the location of the defendant’s usual place of business ... or in any other manner deemed to be reasonably effective to give the defendant notice.”
Factual background
Plaintiff attempted personal service on the registered agent of Rushabh Jivan LLC at 514 Enrique M. Barrera Parkway, San Antonio, TX, but the agent was not present. The front‑desk employee confirmed the agent never works at that location, and no alternative address could be located. Plaintiff filed an affidavit documenting these attempts and sought substituted service under Texas Rule of Civil Procedure 106(b).
Procedural history
Plaintiff filed a complaint on December 30, 2024 alleging a claim under the Trafficking Victims Protection Reauthorization Act. After unsuccessful attempts to serve the defendant's registered agent at the hotel address, Plaintiff moved for substituted service. The district court considered the motion and issued an order granting it.
Remand instructions
Plaintiff shall serve Defendant within 30 days of this Order by (1) leaving a true copy of the Summons and Complaint with any person at least 18 years old present at the usual place of business, with additional service by first‑class regular mail, or (2) affixing a true copy of the Summons and Complaint to the front entrance of the address, with additional service by first‑class regular mail. Plaintiff shall promptly file proof of service upon completion.