Delbert Elmer Sgaggio Jr. v. Keeley Deback, Brien Cecil, Wayne Lambert, and Keith Wrede

Summary

The United States District Court for the District of Colorado denies without prejudice Plaintiff Delbert Elmer Sgaggio Jr.’s motion for alternative service of Defendant Wayne Lambert. The Court finds that Plaintiff’s service efforts were made in good faith but were insufficient to establish that further personal-service attempts would be futile, while granting a final 60-day extension of the service deadline to May 1, 2026.

Holdings

1. Substituted service was not appropriate at that time because Plaintiff's efforts were insufficient in intensity and duration to establish that further personal-service attempts would be futile or that Defendant Lambert was avoiding service.
2. Plaintiff was entitled to a final 60-day extension of the Rule 4(m) service deadline based on his good-faith efforts to serve Defendant Lambert.

Questions Presented

1. Whether Plaintiff established sufficient due diligence and futility of further personal-service attempts to warrant substituted service under Colorado Rule of Civil Procedure 4(f).
2. Whether the proposed methods of service by mail, posting, or publication were reasonably calculated to provide Defendant Lambert actual notice consistent with due process.
3. Whether Plaintiff should receive an extension of the Federal Rule of Civil Procedure 4(m) service deadline.

Disposition

other