Harvey v. Sav-U-Car Rental

Full title: ANTONIA HARVEY, Plaintiff, v. SAV-U-CAR RENTAL, TOYOTA MOTOR COMPANY…

Court: United States District Court, D. Virgin Islands, Division of St. Croix

Date published: Sep 8, 2009

No. 2007-CV-0115 (D.V.I. Sep. 8, 2009)

Opinion

2007-CV-0115.

September 8, 2009

ORDER

GEORGE CANNON JR., Magistrate Judge

TO: Martial A. Webster, Sr., Esq. Rachelle Shocklee, Esq. Simone R.D. Francis, Esq. Amelia B. Joseph, Esq.

THIS MATTER came before the Court upon Plaintiff's Motion For Service by Certified Mail (Docket No. 70) and Motion to Deem Conceded Plaintiff's Motion For Service by Certified Mail (Docket No. 71). This order is issued without necessity of response.

Having reviewed the said motions and upon due consideration thereof, the Court finds that substituted service is not warranted under the circumstances. Counsel for Plaintiff represents that he has been in contact with Defendant Brendalyn Stevens and knows where she resides. Thus, Plaintiff is capable of effectuating personal service pursuant to the rules. As it is apparent that Plaintiff desires to avoid the cost of such personal service, the Court directs Plaintiff to comply with Fed.R.Civ.P. 4(d) regarding waiver of service of process.

Accordingly, it is now hereby ORDERED:

1. Plaintiff's Motion For Service by Certified Mail (Docket No. 70) is DENIED.

2. Plaintiff's Motion to Deem Conceded Plaintiff's Motion For Service by Certified Mail (Docket No. 71) is DENIED.