Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Louviere v. Carewell Hospitality, LLC

United States District Court, E.D. Louisiana

June 13, 2019

BRETT LOUVIERE
v.
CAREWELL HOSPITALITY, LLC

         SECTION: "S" (4)

          ORDER AND REASONS

          MARYANN VIAL LEMMON UNITED STATES DISTRICT JUDGE

         IT IS HEREBY ORDERED that defendant Carewell Hospitality, LLC's ("Carewell's") Motion to Vacate Default Entry or Alternatively, Motion to Dismiss Complaint (Rec. Doc. 9) is GRANTED, and the entry of default is vacated.

         On July 2, 2018, plaintiff Brett Louviere filed suit against Carewell. As of that date, Carewell's registered agent for service of process was Chintu Patel. However, on September 14, 2018 Chintu Patel died. On September 24, 2018, Chintu Patel's wife, Pinku Patel, filed a Notice of Change with Secretary of State listing herself as the registered agent for Carewell. On October 30, 2018, nearly four months after filing suit, Louviere's attorney gave the summons and complaint to a process server, requesting service on Chintu Patel. At that point in time, public records had reflected for over a month that Pinku Patel was Carewell's registered agent.

         Process agent Callahan Wigley attempted to serve the late Chintu Patel on November 5, 2018, but was told by an employee of Carewell that “Chintu Patel passed away.” After learning of Chintu Patel's death, Louviere's attorney instructed Wigley to make another attempt to serve Chintu Patel on November 8, 2018, which was also unsuccessful. On November 12, 2018, another process server, Timothy Couch, delivered the service pleadings to a man named “Hadi, ” who Couch believed to be an employee of Carewell. Carewell has provided the affidavit of Pinku Patel, averring that Carewell has never had an employee named Hadi.

         On April 14, 2019, Louviere moved for default against Carewell, representing that Carewell had been served on November 12, 2018 by personal service upon an employee of suitable age and discretion at its usual place of business, and that Carewell had not filed a responsive pleading or otherwise defended the suit. On May 9, 2019, the clerk entered a default as to Carewell, and on May 20, 2019, Carewell filed the instant motion to vacate the default entry or alternatively, to dismiss the complaint.

         Carewell has now moved the court to vacate the entry of default, arguing that Louviere cannot meet his burden of showing that he validly served Carewell under Federal Rule of Civil Procedure 4(h)(1).

         APPLICABLE LAW

         "When service of process is challenged, the serving party bears the burden of proving its validity or good cause for failure to effect timely service." Sys. Signs Supplies v. U.S. Dep't of Justice, Washington, D.C., 903 F.2d 1011, 1013 (5th Cir. 1990).

         Rule 4(h) of the Federal Rules of Civil Procedure governs services on a corporate entity:

(h) Serving a Corporation, Partnership, or Association. Unless federal law provides otherwise or the defendant's waiver has been filed, a domestic or foreign corporation, or a partnership or other unincorporated association that is subject to suit under a common name, must be served:
(1) in a judicial district of the United States:
(A) in the manner prescribed by Rule 4(e)(1) for serving an individual; or
(B) by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process and-if the agent is one authorized by statute and the statute ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.