United States District Court, W.D. Louisiana, Monroe Division
TIFFANY EVANS, ET AL.
VERNON JOHNSON, ET AL.
ELIZABETH E. FOOTE, UNITED STATES DISTRICT JUDGE
the Court is a Federal Rule of Civil Procedure 12(b)(5)
motion to dismiss, filed by Vernon Johnson
("Johnson") and American Motor Transportation, Inc.
[Record Document 71]. Plaintiffs oppose the motion. [Record
Document 73]. For the reasons discussed below, the motion to
dismiss is GRANTED, and the claims against
Johnson and American Motor Transportation are
DISMISSED WITHOUT PREJUDICE.
Court previously set forth the pertinent background in a
ruling granting Defendants' motion to quash. See Record
Document 59. That motion was premised upon the same issue
presented by the instant motion- insufficient service of
process. The Court will not revisit those facts here, but
rather will outline what has transpired since that ruling was
ruling, the Court allowed Plaintiffs one additional month-
until August 15, 2017- to properly serve Johnson and American
Motor Transportation. See Id. Plaintiffs failed to
timely comply with the Court's order. On August 18, 2017,
Johnson and American Motor Transportation filed a motion to
dismiss because they had not been served. Record Document 62.
On August 22, 2017, Plaintiffs filed an opposition to the
motion to dismiss in which Plaintiffs' counsel stated
that due to family issues, he had been out of town for much
of the month of July and was thus unaware of the Court's
August 15 deadline. Plaintiffs' counsel represented that
he "did not review the actual order.... [but] was under
the impression that he had 120 days to serve the
pleading....." Record Document 64, p. 3. Plaintiffs
requested an additional month in which to serve Johnson and
American Motor Transportation, which this Court granted.
Record Documents 64 &. 66. The Court allowed Plaintiffs
until September 19, 2017 to effect service, but cautioned
that "[n]o further extensions related to service will be
granted." Record Document 66. However, once again,
Plaintiffs failed to effectuate service, leading Johnson and
American Motor Transportation to file another motion to
of the Federal Rules of Civil Procedure provides that an
individual may be served by
(1) following state law for serving a summons in an action
brought in courts of general jurisdiction in the state where
the district court is located or where service is made; or
(2) doing any of the following:
(A) delivering a copy of the summons and of the complaint to
the individual personally;
(B) leaving a copy of each at the individual's dwelling
or usual place of abode with someone of suitable age and
discretion who resides there; or
(C) delivering a copy of each to an agent authorized by
appointment or by law to receive service of process.
Fed. R. Civ. P. 4(e). Louisiana law provides that service of
process on an individual may be persona! or domiciliary. La.
Code Civ. P. art. 1231. Domiciliary service means service
left at the dwelling house or usual place of abode of the
person to be served with a person of suitable age and