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KHWH New BN v. County of Cook

United States District Court, N.D. Illinois
Aug 12, 2003
No. 02 C 5371 (N.D. Ill. Aug. 12, 2003)

Opinion

No. 02 C 5371

August 12, 2003


OPINION


Before me is Defendant Zeola Thomas and John Chandler's Motion to Quash Service. On or about June 9, 2003, an unidentified person delivered to the law offices of Kipnis Kahn, Ltd., documents entitled, Summons in a Civil Case, Notice of Filing and Fourth Amended Complaint, naming as Defendants, Thomas and Chandler. Thomas and Chandler neither reside nor are employed at the offices of Kipnis Kahn, Ltd. Defendants filed an Entry of Special Appearance to challenge the personal jurisdiction of the court in this matter on the ground that the plaintiff failed to properly serve upon them the summons and complaint.

Service upon an attorney is not effective under Federal Rule of Civil Procedure 4(e)(2) unless the attorney has either express or implied authority to receive service on his behalf. Schultz v. Schultz, 436 F.2d 635 (7th Cir. 1971); see also Wright Miller, Federal Practice Procedure: Civil 3d § 1097 at 538-539 (2002). Here, there is no factual basis to believe that such authorization has occurred. Thomas and Chandler unequivocally stated that Kipnis Kahn, Ltd. is not and has not been authorized by either of them to accept service of summons on their behalf.

Accordingly, Thomas and Chandler's Motion to Quash is GRANTED.


Summaries of

KHWH New BN v. County of Cook

United States District Court, N.D. Illinois
Aug 12, 2003
No. 02 C 5371 (N.D. Ill. Aug. 12, 2003)
Case details for

KHWH New BN v. County of Cook

Case Details

Full title:KHWH NEW BN v. COUNTY OF COOK

Court:United States District Court, N.D. Illinois

Date published: Aug 12, 2003

Citations

No. 02 C 5371 (N.D. Ill. Aug. 12, 2003)