Opinion
Case No. 09-14644.
January 5, 2010
ORDER GRANTING MOTION TO QUASH SERVICE
Acting pro se, Plaintiff Delois Beard ("Plaintiff") filed this action against Defendant Allstate Indemnity Company ("Defendant") on November 30, 2009. In an Order dated December 11, 2009, this Court granted Plaintiff's request for service by the U.S. Marshal.
On December 22, 2009, Klemanski Associates, P.C. ("Klemanski") filed the instant Motion to Quash Service. (Docket Entry No. 7). In this motion, Klemanski states that on December 18, 2009, it "received from the U.S. Marshals Service by first class mail the Summons and Complaint commanding Klemanski Associates, P.C. to acknowledge service" in this matter. ( Id. at 1). Klemanski states that although it has represented Defendant in some matters, it is not authorized to accept service on behalf of Defendant and asks this Court to quash the purported service upon it of the summons and complaint in this action, pursuant to FED. R. CIV. P. 4(h)(1)(B).
Having reviewed Klemanski's motion, and the attached affidavit, the Court hereby GRANTS the motion and QUASHES the purported service on Klemanski. The Court shall so advise the U.S. Marshal Service and direct that Defendant be properly served.