Summary
The United States District Court for the Western District of Washington strikes as moot Justin Baker’s motion for service of summons by the United States Marshals Service. The court concludes that defendants waived insufficient service of process by filing an answer without challenging service, and directs the clerk to strike the motion.
Holdings
- Defendants waived the requirement of personal service by filing an answer that demonstrated an intent to defend but failed to raise insufficient service of process.
- The motion for service by the United States Marshals Service was moot and was properly stricken.
Questions Presented
- Whether defendants waived any defect in service of process by filing an answer that did not challenge insufficient service.
- Whether plaintiff's motion for service by the United States Marshals Service should be stricken as moot after defendants waived the service requirement.
Disposition
other
Cases Cited (3)
- Direct Mail Specialists v. Eclat Computerized Techs., Inc., 840 F.2d 685, 688 (9th Cir. 1988)(followed)
- Benny v. Pipes, 799 F.2d 489, 492 (9th Cir. 1986)(followed)
- Benshoof v. Chin, C24-cv-808, 2025 WL 1654674, at *3 (W.D. Wash. June 10, 2025)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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