Stephens v. Carter
3:15-cv-00521
M.D. La.Dec 5, 2016Background
- Plaintiff Van H. Stephens sued James C. Carter, Andy’s Super Co. (ASC), VIN Corporation, and others for injuries from a July 18, 2014 auto accident, alleging respondeat superior liability for ASC and VIN.
- Defendants removed the case to federal court and moved to dismiss unserved defendant ASC under Fed. R. Civ. P. 4(m), arguing ASC was not served before removal.
- Plaintiff contends he mailed a certified copy of the state-court petition and citation to ASC’s registered agent (Andy Birdwell) in Burr Ridge, IL via certified mail before removal.
- The controlling question was whether that mailing satisfied Louisiana’s long-arm service statute (La. R.S. 13:3204) after removal and under 28 U.S.C. § 1448.
- The court examined state-law service rules and applied Louisiana precedent holding that sending a certified copy by certified/registered mail satisfies the long-arm statute; actual signed receipt is not required.
- The court found Plaintiff used the address listed for ASC’s registered agent in the Illinois Secretary of State records and therefore service complied with the Louisiana Long-Arm Statute; it denied the motion to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ASC was properly served under La. R.S. 13:3204 after removal | Stephens mailed certified copies of the petition and citation to ASC’s registered agent in Burr Ridge, IL, satisfying the statute | ASC contends it was not actually served, that the Burr Ridge address was incorrect, and plaintiff should have used a second address | Court held mailing to the registered-agent address listed with the Illinois Secretary of State satisfied the long‑arm statute; service was proper |
| Whether actual physical receipt or signed return receipt is required | Stephens: statute requires certified/registered mailing, not proof of receipt | ASC: argues lack of actual receipt defeats service (points to different-address evidence) | Court followed McFarland: no signed return receipt required; sending certified mailing suffices |
| Whether reliance on Secretary of State registered-agent address was adequate | Stephens relied on public records showing Burr Ridge as registered-agent address | ASC argued accident and insurer documents showed a different business address, suggesting notice failure | Court held reliance on the Secretary of State records was appropriate; plaintiff need not chase alternate addresses |
| Proper remedy if service deficient under Rule 4(m) | Stephens requested service be deemed sufficient or, alternatively, more time to serve | ASC sought dismissal of ASC from the suit for lack of service | Because service was proper, dismissal was denied; no need to grant additional time |
Key Cases Cited
- McFarland v. Dippel, 756 So.2d 618 (La. App. 1st Cir.) (sending certified copy of citation and petition by certified mail satisfies Louisiana long‑arm statute; signed return receipt not required)
- Usatorres v. Marina Mercante Nicaraguenses, S.A., 768 F.2d 1285 (11th Cir.) (federal courts look to state law governing service when evaluating sufficiency after removal)
- Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308 (Sup. Ct.) (courts may consider the complaint and documents incorporated by reference when ruling on certain motions)