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).