Opinion
Civil Action 3:23-CV-2421-X
12-26-2023
PRINCIPAL LIFE INSURANCE COMPANY, Plaintiff, v. GUSTAVO GARCIA ROGUE, G__ G__, a minor, and A __ G __, a minor, Defendants.
MEMORANDUM OPINION AND ORDER
BRANTLEY STARR, UNITED STATES DISTRICT JUDGE.
Plaintiff Principal Life Insurance Company filed a Motion for Substitute Service. (Doc. 15). Because Plaintiff has been unable to serve Defendant Roque after multiple attempts, the Court GRANTS the motion.
Rule 106(b) of the Texas Rules of Civil Procedure authorizes substitute service of process that is “reasonably effective to give the defendant notice of suit” provided the motion is accompanied by a sworn statement “listing any location where the defendant can probably be found and stating specifically the facts showing that service has been attempted” under 106(a) of the Rules.Plaintiff has satisfied 106(b)'s sworn statement requirement.The Court finds that substitute service will be reasonably effective to give Defendant Roque notice of this lawsuit. Therefore, in accordance with Rule 106(b), the Court authorizes substitute service of process on Defendant Roque by publication.
See Doc. 15-1.
See id. at 3 (specifying details of publication).
IT IS SO ORDERED.