Questions on Service and Filing in addition to the Glannon.

1) R. 3 seems so boring: "A civil action is commenced by filing a complaint with the court." But why might it matter when an action commences?

2) One thing to keep in mind: In his answers to questions 3 and 5, Glannon says that if the method of service is in accordance with state law under R. 4(e)(1), one must also abide by state law concerning who may serve. Is that right? Why doesn't R. 4(c)(2) determine who can serve? What are the arguments for or against Glannon's reading?

3) Is service proper in the following cases?

a) P files an action against D in the E.D. Va. for violation of federal law. P has his lawyer drive to D’s home in Massachusetts. No one is home, so the lawyer slips the summons and complaint under the front door.

b) P files an action against D in the E.D. Va. for violation of federal law. D resides in Boston, Massachusetts and has a summer home in Martha’s Vineyard. P waits 3 months after filing to have a process server deliver a copy of the summons and complaint to D at his summer home.

c) The P Corp. files an action against D in the E.D. Va. for violation of federal law. The P Corp. waits 3 months after filing to have an employee of the P Corp. deliver a copy of the summons and complaint to D at his summer home.

d) P files an action against D in the E.D. Va. for violation of federal law. P has his brother leave a copy of the summons and complaint with D’s 16 year-old daughter who is staying at D's summer home on Martha's Vineyard.

e) P files an action against D in the E.D. Va. for violation of federal law. P serves D in accordance with Fed. R. Civ. P. 4(e). D files an answer, which includes a counterclaim against P, and serves P by mailing a copy of the answer and counterclaim to P's attorney.

f)P files an action against the D Corp. in the E.D. Va. for violation of federal law. P serves the D Corp. by having a process server leave a copy of the summons and complaint with the foreman at the D Corp's main manufacturing plant in Pa.

g) P files an action against the D Corp. in the E.D. Va. for violation of federal law. P serves the D Corp. by having his brother leave a copy of the summons and complaint at the house of the D Corp's CEO in Pa., with the CEO's 18-year old son who lives there.


4)  How can due process possibly be satisfied by a method of service where the defendant in fact does not find out about the suit? How can a defendant possibly be bound by a judgment in such a case?

5) Think about the factors that might come into play in determining whether a method of service has satisfied the Mullane standard (as described in Mennonite Board of Missions).