Automated Summary
Key Facts
Plaintiff JTWAIN KING filed a civil case against multiple defendants including AT&T Corp., Credence Resource Management LLC, Equifax Information Services LLC, Experian Information Solutions Inc., Goldman Sachs Bank USA, and Transunion LLC. The Court granted in part Plaintiff's Motion for Service of Process, directing the Clerk to request waiver of service from some defendants. However, the Court denied service by US Marshal for Goldman Sachs Bank USA and Transunion LLC due to inability to verify their Washington incorporation status and registered agent information. Defendants must respond to the complaint per Federal Rule of Civil Procedure 12(a) or face personal service with full costs.
Issues
- The Court is unable to verify that Goldman Sachs Bank USA and Transunion LLC are incorporated in Washington with proper registered agents, so service by U.S. Marshal Service is denied for these defendants unless corrected summonses are provided
- The Clerk shall request a waiver of service of summons in accordance with Federal Rule of Civil Procedure 4(d) to Defendants Credence Resource Management LLC, AT&T Corp., Equifax Information Services LLC, and Experian Information Solutions Inc.
- The Court considers Plaintiff's Motion for Service of Process by U.S. Marshal Service and issues an order granting in part the motion, directing waiver of service requests for some defendants while denying service by U.S. Marshal for others
Holdings
The Court granted in part Plaintiff's motion for service of process, directing the Clerk to request waiver of service from Credence Resource Management LLC, AT&T Corp., Equifax Information Services LLC, and Experian Information Solutions Inc. The Court denied service by U.S. Marshal for Goldman Sachs Bank USA and Transunion LLC due to inability to verify Washington incorporation and registered agents. Defendants must respond within Federal Rule of Civil Procedure 12(a) timeframes, or may be personally served with full costs.
Remedies
The Court grants in part Plaintiff's motion for service of process. The Clerk is directed to request a waiver of service of summons in accordance with Federal Rule of Civil Procedure 4(d) to Defendants: Credence Resource Management LLC, AT&T Corp., Equifax Information Services LLC, and Experian Information Solutions Inc.
Legal Principles
The court applied Federal Rule of Civil Procedure 4(d) regarding waiver of service of summons. The court granted the Plaintiff's motion for service of process in part, directing the Clerk to request waiver of service for certain defendants while denying service by United States Marshal Service for defendants where incorporation and registered agent verification in Washington could not be confirmed. The order also references 28 U.S.C. § 1915(a) for in forma pauperis status and Federal Rule of Civil Procedure 12(a) for response timelines.
Precedent Name
Reyn's Pasta Bella, LLC v. Visa USA, Inc.
Cited Statute
- Federal Rule of Civil Procedure 12(a)
- Federal Rule of Civil Procedure 4(c)(3)
- Federal Rule of Civil Procedure 4(d)
- Federal Rule of Civil Procedure 4(d)(2)
- 28 U.S.C. § 1915(a)
- 28 U.S.C. § 1915(d)
Judge Name
Lauren King
Passage Text
- The Clerk of the Court is directed to request a waiver of service of summons in accordance with Federal Rule of Civil Procedure 4(d) to Defendants: Credence Resource Management LLC, AT&T Corp., Equifax Information Services LLC, and Experian Information Solutions Inc.
- Pursuant to 28 U.S.C. § 1915(d) and Federal Rule of Civil Procedure 4(c)(3), the Court GRANTS IN PART Plaintiff's motion for service of process.
- The Clerk shall not request a waiver of service as to Goldman Sachs Bank USA and Transunion LLC. The Court is unable to verify that Goldman Sachs Bank USA is incorporated in Washington with C T Corporation System in Olympia, WA as its registered agent, or that Transunion LLC is incorporated in Washington with Corporation Service Company in Tumwater, WA as its registered agent.