Nintendo of America Inc v. Williams
2:24-cv-00960
| W.D. Wash. | Oct 24, 2024Background
- Nintendo of America initiated a lawsuit against James C. Williams (also known as “Archbox”) and sought a default due to Williams's failure to appear or respond to the complaint.
- Nintendo claimed service was effected under Federal Rule of Civil Procedure 4(e)(2)(B) by leaving the summons with a resident at Williams’s last known address.
- The process server left the documents with an unnamed individual ("Jane Doe"), who identified as Williams’s co-resident and agreed to pass the documents to him.
- The process server also mailed a copy of the documents to the same address.
- However, Nintendo did not provide specific factual support as to why it believed this address was Williams's "dwelling or usual place of abode."
- The Court, noting these omissions, ordered Nintendo to submit supplemental briefing justifying its basis for treating the Arizona address as Williams’s dwelling or usual place of abode.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of Service | Service was effected by leaving documents with co-resident at Williams’s last known address | No response or appearance from Williams | Supplemental briefing ordered—the court requires more proof of the address being Williams’s actual abode |
| Default Entry Preconditions | All requirements for entry of default are met | No response or defense | Insufficient showing of proper service—Court does not enter default yet |
| Need to Prove Residency | Jane Doe confirmed co-residency and acceptance of documents | No response from Williams | Plaintiff must provide factual basis linking address to Williams’s abode |
| Reliability of Service Affidavit | Process server affidavit and Jane Doe’s statements sufficient | No argument from Williams | Statements alone are not enough without corroborating facts |
Key Cases Cited
- Brockmeyer v. May, 383 F.3d 798 (9th Cir. 2004) (plaintiff bears the burden of proving service of process)
- Stars' Desert Inn Hotel & Country Club, Inc. v. Hwang, 105 F.3d 521 (9th Cir. 1997) (address must be shown as defendant’s actual dwelling or usual place of abode for valid service)
- Gold Kist, Inc. v. Laurinburg Oil Co., Inc., 756 F.2d 14 (3d Cir. 1985) (default judgment is void if based on improper service)