Motion To Dismiss For Delay In Service
The defendant sought to dismiss for lack of personal jurisdiction and alleged delay in service.
Alternative Service
Ya Gotta Try
I think the 1989 Concord Blue Devils said it best – ya gotta try. But this Order Denying Motion For Alternative Service did as well.
Alternative Service Order Vacated
Now this is an interesting situation. The court vacated an alternative service order after seeing the new arguments & authorities in a 33-page mandamus petition – which hadn’t been included in the 3 page opposition to the original motion.
Motion To Dismiss for Lack of Personal Jurisdiction or Insufficient Service, Stay, or Transfer
An interesting procedural background to this case, involving a declaratory action in New Jersey which was transferred to Waco.
Service Of Process
In line with his recent holdings, Judge Albright permitted service by email on the defendant’s current U.S. counsel.
No Alternative Service
Again, an order finding the method not permissible is helpful in understanding what is necessary to obtain permission for alternative service. But here, it also notes that the law has changed.
Alternative Service Denied
Yes, it’s possible to lose one of these motions.
Alternative Service – Marshall Style
Judge Payne granted the motions, which permitted service by electronic mail and FedEx, respectively
Alternative Service On Foreign Defendant
The court permitted alternative service by email to the party’s counsel in a pending case.
Motion for Protective Order Denied
The issue here was whether discovery would be stayed pending resolution of a dispute over service of process.