Levi Lancaster v. Jeffrey Rehberger, Sr., Jeffrey Rehberger, Jr., Letizia Lowe, Cody Lowe, Lacey's Place LLC, and Lucky Lincoln Gaming, Inc.

Summary

The United States District Court for the Southern District of Illinois denied Lacey’s Place LLC’s motion to dismiss for insufficient service of process, but granted additional time for Plaintiff Levi Lancaster to complete service under Federal Rule of Civil Procedure 4. The court also granted Lacey’s Place’s motion to vacate the entry of default under Rule 55(c).

Holdings

1. Lancaster did not properly serve Lacey's Place by leaving the summons and complaint with an hourly employee, by personally serving individual defendants, or by providing notice through the CM/ECF system.
2. The Court denied dismissal without prejudice and ordered Lancaster to complete service on Lacey's Place within 30 days.
3. The entry of default against Lacey's Place should be vacated under Rule 55(c).

Questions Presented

1. Whether Lancaster properly served Lacey's Place under Federal Rule of Civil Procedure 4.
2. Whether the Court should dismiss the claims against Lacey's Place without prejudice or grant Lancaster additional time to complete service under Rule 4(m).
3. Whether the Clerk's entry of default against Lacey's Place should be vacated under Federal Rule of Civil Procedure 55(c).

Disposition

other