Kenneth Laverne Bounds, Jr. v. White Pine County, Officer Julian Fuentes #439, and Angela Yates

Summary

The United States District Court for the District of Nevada granted White Pine County and Officer Julian Fuentes’s motion to quash service of process. The court held that Plaintiff had not established valid service under Federal Rule of Civil Procedure 4 and directed him to file proof of service or seek an extension within thirty days, warning that the defendants could otherwise be dismissed without prejudice.

Holdings

1. A federal court lacks personal jurisdiction over a defendant unless the defendant has been served in accordance with Federal Rule of Civil Procedure 4, and actual notice or merely naming a defendant is insufficient without substantial compliance with Rule 4.
2. Plaintiff did not establish valid service on White Pine County or Officer Fuentes because leaving the summons and complaint with an administrative assistant at the Sheriff's Office did not demonstrate substantial compliance with the applicable service rules.
3. The motion to quash service of process filed by White Pine County and Officer Fuentes was granted.
4. Plaintiff was given thirty days from the date of the order to file proof of completed service or move for an extension of time; failure to comply could result in dismissal without prejudice of White Pine County and Officer Fuentes.

Questions Presented

1. Whether the attempted service on White Pine County complied with Federal Rule of Civil Procedure 4(j)(2) and Nevada Rule of Civil Procedure 4.2(d)(3).
2. Whether the attempted service on Officer Julian Fuentes complied with Federal Rule of Civil Procedure 4(e) and Nevada Rule of Civil Procedure 4.2(d)(4).
3. Whether the court should quash the attempted service and allow additional time for Plaintiff to complete service or seek an extension under Rule 4(m).

Disposition

other