Nationstar Mortg. LLC v. JMMKC Corp.

Full title: NATIONSTAR MORTGAGE LLC, Plaintiff v. JMMKC CORPORATION, et al., Defendants

Court: UNITED STATES DISTRICT COURT DISTRICT OF MAINE

Date published: Dec 29, 2016

No. 2:16-cv-00512-JDL (D. Me. Dec. 29, 2016)

Opinion

No. 2:16-cv-00512-JDL

12-29-2016

NATIONSTAR MORTGAGE LLC, Plaintiff v. JMMKC CORPORATION, et al., Defendants

John H. Rich III United States Magistrate Judge

MEMORANDUM DECISION ON PLAINTIFF'S MOTION TO ALLOW SERVICE BY ALTERNATIVE METHOD

The plaintiff has moved for permission to serve defendants Lois M. Alhquist and Joel A. Nason by alternative means, specifically by leaving a copy of the summons and complaint at an address in Lewiston, Maine, that it characterizes as their usual place of abode. ECF No. 7. Because the motion is incomplete, it is denied without prejudice.

The plaintiff has failed to submit the draft proposed order to provide the requested form of service that is required by Maine Rule of Civil Procedure 4(g)(1) and (2). See, e.g., Camden Nat'l Bank v. Reid, No. 2:13-cv-376-DBH, 2014 WL 1320944, at *1 (D. Me. Mar. 28, 2014) (alternative service in this court governed by Maine Rule of Civil Procedure 4).

In addition, the plaintiff's motion is deficient in several other respects. The draft order should include service in some manner upon the unspecified "different address in Lewiston, Maine," Affidavit of David Therrien in Support of Motion for Extension of Time to Complete Service of Process on the Defendants Lois M. Alhquist and Joel A. Nason (ECF No. 7-1) ¶ 13, to which certified mail addressed to Lois M. Alhquist was apparently forwarded. Furthermore, the Therrien affidavit and the plaintiff's Statement of Material Facts also submitted in support of plaintiff's motion do not identify (1) "this office" to which the affidavit of David Therrien (ECF No. 7-1) refers, (2) the employment and/or employer of Mr. Therrien, or (3) "this office" to which the plaintiff's Statement of Material Facts (ECF No. 8) refers.

The plaintiff's motion, as filed, is denied; the plaintiff is granted leave to file a new motion addressing the missing information discussed herein, should it elect to do so.

NOTICE

In accordance with Federal Rule of Civil Procedure 72(a) , a party may serve and file an objection to this order within fourteen (14) days after being served with a copy thereof.

Failure to file a timely objection shall constitute a waiver of the right to review by the district court and to any further appeal of this order.

Dated this 29^th day of December, 2016.

/s/ John H. Rich III

John H. Rich III

United States Magistrate Judge