Roundtree v. Ultimate Vacation Experience
2:17-cv-02390
D. Nev.Oct 24, 2018Background
- Pro se Florida residents Warrick and Edith Roundtree sued Ultimate Vacation Experience in D. Nev. seeking $5,000 (recovery of ~$618 paid plus emotional damages) for allegedly refusing refunds for promotional trips.
- Complaint attached demand/cancellation correspondence showing charges in March–April 2015 and certified-mail cancellation attempts; plaintiffs claim certified letters were refused or returned.
- Plaintiffs filed the complaint in Sept. 2017 but did not file proof of service within Rule 4(m) deadlines; clerk issued Notice of Intent to Dismiss for lack of service.
- Plaintiffs sought (informally) to add multiple alias entities as defendants but never filed a proper amended complaint alleging jurisdiction or service; filings showed confusion about court procedures.
- Court issued an Order to Show Cause on jurisdiction, service, and failure to file a certificate of interested parties; plaintiffs conceded their misunderstanding and acknowledged federal court likely lacked jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject-matter jurisdiction (federal question or diversity) | Roundtree contends facts justify federal suit; later admits lack of knowledge and concedes federal court lacks jurisdiction | Not argued on record; court assesses adequacy | Court: No federal question alleged; amount in controversy far below $75,000—no diversity jurisdiction; dismissal required |
| Personal jurisdiction/service of process | Plaintiffs say they mailed summons to defendant and "served all defendants" by certified mail on Dec 29, 2017 | Certified mail is not proper service for a corporation under Fed. R. Civ. P. 4 or Nevada rules | Court: Service by certified mail insufficient; no proper service; court lacks personal jurisdiction; dismissal warranted |
| Amendability of complaint | Plaintiffs sought leave to amend to add aliases/individuals (via informal mail) and asked to correct errors | No properly filed amended complaint showing jurisdiction or service; listing names insufficient | Court: Jurisdictional defect cannot be cured by amendment in this forum; recommends dismissal without prejudice |
| Filing defects (certificate of interested parties, proof of service) | Plaintiffs claim misunderstanding of filing requirements; failed to file certificate of service and certificate of interested parties | Procedural rules require those filings; failure undermines case administration | Court: Failures reinforce dismissal; plaintiffs may refile in proper forum but this case should be closed |
Key Cases Cited
- Exxon Mobil Corp. v. Allapattah Servs., 545 U.S. 546 (establishes limits of federal jurisdiction)
- Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375 (party challenging federal jurisdiction bears burden)
- Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83 (court must dismiss when lacking jurisdiction)
- Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574 (distinguishes subject-matter and personal jurisdiction)
- St. Paul Mercury Indem. Co. v. Red Cab Co., 303 U.S. 283 (amount-in-controversy legal-certainty test)
- Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (due-process notice requirements for service)
- Volkswagenwerk Aktiengesellschaft v. Schlunk, 486 U.S. 694 (service-of-process principles)
- Cato v. United States, 70 F.3d 1103 (leave to amend not required when defects incurable)
