Judge Gilstrap granted the motion in modified form after detailing the plaintiffs exhaustion of “all reasonable means of attempting to contact” the defendant including taking what the court characterized as the “enterprising step” of purchasing a product to try to find better contact information.
After finding that the plaintiffs had attempted multiple times to personally serve defendants, the court granted in part the motion for substitute service, and listed several methods which were required as substitute service, including service by Facebook messaging.
The court denied the motion, finding that there were grounds for an extension for service based on the plaintiffs multiple attempts to serve the defendant, and the defendant’s representation that it would waive service. The court also found that the defendant had waived its special appearance.
Yes, it’s possible to have a case look as bad as the Texas’ stern. The plaintiff didn’t realize it had not served the defendant with process for seven months. Noting that there was no good cause shown for the lack of service, Judge Albright denied the motion to extend the time to serve, and dismissed the case.
In a situation with all the hallmarks of defendants attempting to avoid service, Judge Sean Jordan granted a motion for alternative service.
Judge Payne denied the motions to dismiss for lack of personal jurisdiction and insufficient process, as well as the motion to transfer to the CDTX, with the defendant’s arguments from the former tripping up the latter.
The defendant sought to dismiss for lack of personal jurisdiction and alleged delay in service.
I think the 1989 Concord Blue Devils said it best – ya gotta try. But this Order Denying Motion For Alternative Service did as well.
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.
An interesting procedural background to this case, involving a declaratory action in New Jersey which was transferred to Waco.
