Kenneth Nixon v. Moises Jimenez, et al.

Summary

The United States District Court for the Eastern District of Michigan grants a motion permitting alternative service of a subpoena on witness Charmetria James. The court finds that repeated unsuccessful personal-service attempts demonstrated diligence and authorizes service by first-class mail with posting, delivery through a resident over age fifteen, or electronic or telephonic communication.

Holdings

1. Alternative service was warranted because Defendants demonstrated an inability to effectuate personal service after diligent efforts.
2. The requested alternative methods were reasonably calculated to achieve actual delivery, including first-class mail with posting, service through a household member over age fifteen, and electronic or telephonic communication when reasonably available.

Questions Presented

1. Whether Defendants demonstrated sufficient diligence and inability to effectuate personal service of a subpoena on Charmetria James to warrant alternative service.
2. Whether the requested alternative methods of service were reasonably calculated to achieve actual delivery.

Disposition

other