Cynthia Edwards v. Michelle Rogow et al.

Summary

The United States District Court for the Eastern District of Louisiana grants Michelle Rogow’s motion challenging service of process under Federal Rule of Civil Procedure 12(b)(5). The court finds that service at 3133 Royal Street was improper because Rogow resided at 3131 Royal Street, while the person accepting service was a tenant at the neighboring address. Rather than dismissing the claims, the court quashes the service and grants Plaintiff 30 days to properly serve Rogow.

Holdings

1. Service was insufficient because the summons was left at 3133 Royal Street, the residence of Rogow's tenant, rather than at Rogow's dwelling or usual place of abode at 3131 Royal Street, and no other Rule 4(e) method of service was shown.
2. Although service was insufficient and the plaintiff had not shown service within Rule 4(m)'s 90-day period, the court exercised its discretion to quash the service and give the plaintiff 30 additional days to effect proper service rather than dismissing the claims without prejudice.

Questions Presented

1. Whether service on Rogow was valid under Federal Rule of Civil Procedure 4(e) when the summons was left at 3133 Royal Street with Rogow's tenant, while the evidence showed Rogow resided at 3131 Royal Street.
2. Whether the court should dismiss the claims against Rogow or quash the insufficient service and allow additional time for service under Rule 4(m).

Disposition

other