Opinion
CV-24-02706-PHX-KML
10-24-2024
ORDER
Honorable Krissa M. Lanham United States District Judge
Plaintiff Prudential Insurance Company states it “has limited information on the competence of Defendant Dylan Houser.” (Doc. 6 at 1.) Prudential plans to attempt service of process on Dylan by sending a process server to the State Hospital. (Doc. 6 at 2.) Without addressing whether that service will be proper, Prudential may attempt such service.
Prudential states it “named Joyce Houser as a defendant . . . in her sole capacity as guardian of minor J.D.” (Doc. 6 at 2.) Despite that, Prudential then states it has “named both Joyce Houser and J.D. as defendants.” (Doc. 6 at 2.) Given that she is not being named in any capacity other than as guardian of J.D., Joyce Houser will not be listed as a separate defendant.
Accordingly, IT IS ORDERED Prudential shall submit, and the Clerk of Court shall issue, new summons in the names of 1) Dylan Houser; and 2) Joyce Houser, solely in her capacity as guardian of J.D.