Joseph v. Briggs
Joseph v. Briggs
Opinion of the Court
MEMORANDUM
THIS MATTER is before the Court on plaintiffs’ motion for entry
FACTS AND PROCEDURE
Plaintiffs allege that on August 20, 1988 defendant Courtney Briggs caused an accident that injured them. On January 16,1990, in an effort to serve Briggs with the summons and complaint, process server Gaston Tuckett left the summons and complaint with Briggs’ mother Adora Foy at her address Agnes Fancy No. 55 E.
On the front of the summons Briggs’ address appears as Agnes Fancy No. 92. Although there is an address for Briggs on the summons, there is no information in the record to indicate that Tuckett attempted to serve Briggs at Agnes Fancy No. 92. On April 14,1988, after Briggs failed to answer the complaint, plaintiffs filed a motion for entry of default. Some time between April 14, 1988 and May 4, 1988 the Clerk of the Court noticed the discrepancy in addresses and requested additional information regarding Briggs’ dwelling house. On May 4,1988, in response to the Clerk’s request, plaintiffs’ counsel Desmond L. Maynard submitted, (1) a letter stating that on information on belief Mr. Briggs resided with his mother, and (2) an affidavit of Gaston Tuckett stating that he delivered summons and complaint to Adora Foy at her address Agnes Fancy No. 55 E. To date, Briggs has not answered the complaint nor has he responded to any of plaintiffs’ motions. This matter is before the Court to resolve whether service at Briggs’ mother’s house was effective.
DISCUSSION
Where plaintiffs have properly served defendant and defendant has failed to plead or otherwise defend, the Clerk of the Court shall enter default against defendant. Fed. R. Civ. P. 55(a). Here, however, there appears to be a defect in service. Defendant Courtney Briggs’ address appears on the summons as Agnes Fancy No. 92, St. Thomas, V.I. 00801, while service was made at his mother’s residence at Agnes Fancy No. 55 E. The summons and complaint were left with his mother at her address and not at the address
The Court finds that based on the facts presented, plaintiff’s letter (stating that upon information and belief that Courtney Briggs resided with his mother) is insufficient to establish Briggs’ dwelling house or usual place of abode for proper service according to Fed. R. Civ. P. 4(d)(1) and to sustain an entry of default. An appropriate order will be entered.
ORDER
THIS MATTER having come before the court for entry of default by plaintiffs, and for the reasons stated in the Court’s Memorandum of this date;
IT IS on this 30th day of August, 1990 hereby
ORDERED THAT the motion for entry of default is RESERVED until plaintiffs provide additional information regarding defendant Courtney Briggs’ dwelling house or usual place of abode that sufficiently establishes that service has been proffered according to Fed. R. Civ. P. 4(d)(1), and
THAT upon failure to provide additional information regarding proper service on defendant Courtney Briggs before September 30, 1990 this action will be dismissed.
Reference
- Full Case Name
- ANN MARIE JOSEPH and VERONICA SMITH INDIVIDUALLY and LATOYA SMITH, MINOR, BY AND THROUGH HER PARENT and NEXT FRIEND, VERONICA SMITH v. COURTNEY BRIGGS
- Status
- Published