Preston Goetzke v. Billy Johnson, Mesa Well Servicing; John and Jane Does I-X; Black and White Corporations I-X; ABC Partnerships I-X; and ABC Organizations I-X

Summary

The United States District Court for the District of New Mexico denies without prejudice Plaintiff Preston Goetzke’s motion for service by publication on Defendant Billy Johnson. The court finds that Plaintiff showed several good-faith personal-service attempts but did not establish that all feasible alternatives under New Mexico Rule 1-004, including service by mail, service at the defendant’s abode, and service at the defendant’s place of business or employment, had been exhausted.

Holdings

1. Service by publication was not authorized because Plaintiff's motion and affidavit failed to establish that all feasible avenues of service had been exhausted.
2. The attempts described in Plaintiff's motion and affidavit were insufficient because they did not address all service methods available under NMRA 1-004(F).

Questions Presented

1. Whether Plaintiff established the diligence and exhaustion of feasible service methods required to obtain authorization for service by publication under New Mexico Rule of Civil Procedure 1-004(J)-(K).
2. Whether the motion and affidavit showed that service could not reasonably be made through the personal-service methods authorized by New Mexico Rule of Civil Procedure 1-004(F).

Disposition

other