LNV Corp. v. Robb
843 F. Supp. 2d 1002
W.D. Mo.2012Background
- Plaintiff sued Timberland Properties, Inc. and Robb in August 2011 for repayment of loans.
- Robb moves to quash service under Fed.R.Civ.P. 12(b)(5), challenging the method and adequacy of service.
- Process was served on Timberland via the Secretary of State and an appearance was entered by attorney for Timberland.
- Robb contends that service at his mother’s home (5609 NW Oak Ridge Court) did not constitute proper service under Rule 4(e)(2).
- Plaintiff asserts Robb’s dwelling is abandoned or not regularly occupied, but argues the address still functioned as his dwelling for service purposes.
- The court considers affidavits and testimony about Robb’s residence to determine whether service at the Oak Ridge address complied with due process.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did service at 5609 NW Oak Ridge satisfy Rule 4(e)/Missouri rule? | Robb’s dwelling was at 5609 Oak Ridge; service at that address provided notice. | Service must be personal or at dwelling with someone of suitable age; papers left with Robb’s mother may not suffice. | Yes; service at 5609 NW Oak Ridge was proper. |
Key Cases Cited
- O’Hare International Bank v. Hampton, 437 F.2d 1173 (7th Cir.1971) (affidavits review and due process notice standard in service challenges)
- National Development Co. v. Triad Holding Corp., 930 F.2d 253 (2nd Cir.1991) (liberal approach to dwelling-house status for service)
- Rovinski v. Rowe, 131 F.2d 687 (6th Cir.1942) (generous application of service rules in early era)
- Karlsson v. Rabinowitz, 318 F.2d 666 (4th Cir.1963) (family home as a suitable service location under certain circumstances)