Summary
The court adopted a magistrate judge’s report and recommendation concerning service of process in Diana Villavicencio’s action against Zoetis. It construed Zoetis’s motion to dismiss as a motion to quash, granted it in part, permitted the plaintiff to file a second amended complaint naming Zoetis US LLC as the sole defendant, and directed the clerk to issue a new summons for service by the U.S. Marshals.
Topics
Practice areas
Questions Presented
- Whether Zoetis's motion to dismiss for insufficient service of process should be construed as a motion to quash service.
- Whether Plaintiff should be permitted to file a second amended complaint naming Zoetis US LLC as the sole defendant before issuance and service of a new summons.
- Whether the clerk should issue a new summons directed to Zoetis US LLC for service by the U.S. Marshals at the address of its registered agent in Michigan.
Holdings
- The court construed Zoetis's motion to dismiss for insufficient service of process as a motion to quash service and granted it, while denying the motion in all other respects.
- Plaintiff was granted leave to file a second amended complaint naming Zoetis US LLC as the sole defendant.
- The clerk was directed to issue a summons directed to Zoetis US LLC upon receipt of the second amended complaint and transmit it to the U.S. Marshals for service at Zoetis's Michigan registered-agent address.
Key quotations
“The Court therefore grants Plaintiff leave to file a second amended complaint naming Zoetis US LLC as the sole defendant; the clerk of the court shall issue a summons for service by the U.S. Marshals at the address of Zoetis US LLC’s registered agent in Michigan upon receipt of the amended pleading.” (Order)
“The motion is DENIED in all other respects.” (Order)
Factual background
Plaintiff attempted to serve the defendant in an action against Zoetis. Zoetis challenged service and represented that the business entity employing Plaintiff was not correctly identified in the pleadings. The court determined that the complaint should be amended to name Zoetis US LLC as the sole defendant before a new summons was issued and served.
Procedural history
On January 7, 2026, Magistrate Judge Sally J. Berens recommended that Zoetis's motion to dismiss for improper service be treated as a motion to quash and granted in part, with a new summons issued for service by the U.S. Marshals. No party objected before the January 21, 2026 deadline. The district court approved and adopted the report and recommendation, required Plaintiff to amend the complaint to name Zoetis US LLC as the sole defendant, and directed the clerk to issue a new summons for Marshals service after the amended pleading was filed.