First-Citizen Bank & Trust Company v. John P Heard, et al.

Summary

The United States District Court for the District of Arizona grants First-Citizen Bank & Trust Company’s motion for alternative service on Jill Heard. The court finds traditional service impracticable under Arizona Rule of Civil Procedure 4.1(k), authorizes posting, mailing, and emailing the pleadings and related documents, and extends the service deadline to February 2, 2026.

Holdings

1. Traditional means of service were impracticable because Plaintiff's repeated service attempts and address searches made service extremely difficult or inconvenient.
2. Posting the documents at Jill Heard's last known home address and the related business address, mailing them to both locations, and emailing them to two potential email addresses constituted a reasonable effort to provide actual notice.
3. The deadline for serving Jill Heard was extended to February 2, 2026.

Questions Presented

1. Whether Plaintiff demonstrated that the traditional means of serving Jill Heard were impracticable under Arizona Rule of Civil Procedure 4.1(k).
2. Whether Plaintiff's proposed combination of posting, mailing, and emailing the summons and pleadings constituted a reasonable effort to provide Jill Heard with actual notice.
3. Whether the deadline for serving Jill Heard should be extended.

Disposition

other