Opinion
CV-23-01502-PHX-DJH
01-04-2024
Cherly K Jones, Plaintiff, v. Wells Fargo Bank NA, et al., Defendants.
ORDER
HONORABLE DIANE J. HUMETEWA, UNITED STATES DISTRICT JUDGE
On December 12, 2023, the Court ordered Cherly K Jones (“Plaintiff”) to (a) show cause why this matter should not be dismissed for failing to serve Defendant Wells Fargo Bank NA (“Wells Fargo”) and Defendant First American Title Company (“First American”) (collectively “Defendants”), or (b) otherwise demonstrate how service has been made on Defendants in accordance with the Federal Rules of Civil Procedure. (Doc. 26). Plaintiff has since responded to the Court's Order. (See Doc. 27). Therein, Plaintiff claims she has sufficiently served Defendants because they participated in and had full knowledge of the underlying state court action. (Id. at 2). The record shows, however, that Defendants have not been adequately served in either the state court action or this action. (See Docs. 1 at 1; 22).
Plaintiff initially filed her a complaint in Maricopa County Superior Court (see Sealed Doc. 1-3), which Defendants removed to this Court (see generally Sealed Doc. 1).
The Court has explicitly explained to Plaintiff why her efforts to effectuate service were insufficient:
- Plaintiff's attempts at serving Wells Fargo were insufficient because “(1) she did not include a summons directed to Defendant Wells Fargo, Ariz. R. Civ. P. 4(a)(3); (2) there is no indication service was directed to the registered agent for service of process for Wells Fargo, Ariz. R. Civ. P. 4.1(i); (3) Plaintiff did not have leave of Court to serve Wells Fargo by certified mail, Ariz. R. Civ. P. 4.1(k); and (4), assuming Wells Fargo could be considered an out-of-state party, Plaintiff's affidavit of service does not include an attached, signed receipt (doc. 22 at 10, 13), Ariz. R. Civ. P. 4.2(c)(2)(C).” (Doc. 23 at 5);
- Plaintiff's attempts at serving First American were insufficient because “Defendant's knowledge of the suit alone does not confer jurisdiction.” (Id. at 7).Plaintiff has been on notice of the ineffective service, has failed to show cause justifying her failure to effectuate service, and has not sought an extension of time to cure the service deficiencies.
Accordingly, IT IS ORDERED that the Clerk of Court is kindly directed to terminate this matter.