John Frank Casrell v. Bay Van Tang, et al.

Summary

The court grants in part and denies in part Plaintiff John Frank Casrell’s motion for additional time to serve Defendant Quintarrius Raquan McFolley and to serve him by publication. The court withdraws its recommendation to dismiss McFolley, extends the service deadline to February 26, 2026, and denies service by publication because Plaintiff provided no affidavit or specific facts demonstrating avoidance of service.

Holdings

1. Service by publication was properly denied because Plaintiff did not provide an affidavit or specific facts showing that McFolley was avoiding service, as required by Alabama Rule of Civil Procedure 4.3.
2. The court granted Plaintiff additional time to perfect service on McFolley through February 26, 2026, and withdrew the recommendation that McFolley be dismissed under Rule 4(m).

Questions Presented

1. Whether Plaintiff established the requirements for service by publication under Alabama Rule of Civil Procedure 4.3.
2. Whether Plaintiff should receive additional time to perfect service on Defendant Quintarrius Raquan McFolley under Federal Rule of Civil Procedure 4(m).

Disposition

other