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Spratt v. Money Recovery Nation Wide

United States District Court, E.D. Michigan, Southern Division

July 8, 2019

JAMES SPRATT, Plaintiff,
v.
MONEY RECOVERY NATION WIDE, ET AL., Defendants.

          Laurie J. Michelson District Judge

          REPORT AND RECOMMENDATION

          R. STEVEN WHALEN UNITED STATES MAGISTRATE JUDGE

         On July 7, 2017, Plaintiff James Spratt filed a pro se civil complaint in this Court. Although he alleges diversity jurisdiction, the complaint also appears to allege violations of federal law, specifically the Fair Debt Collections Practices Act, 15 U.S.C. § 1682 et seq., and the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. He names as Defendants Money Recovery Nation Wide, Experian, Equifax, and Transunion. For the reasons discussed below, I recommend that the Court dismiss Defendants Money Recovery Nation Wide, Experian, and Transunion without prejudice under Fed.R.Civ.P. 4(m) for failure of timely service of process.

         I. FACTS

         On April 26, 2018, this Court ordered Plaintiff to show cause why his complaint should not be dismissed as to Defendants Money Recovery Nation Wide, Experian, or Transunion for failure of timely service [Doc. #21]. In his responses [Doc. #22 and #23], Plaintiff states that he hired ABC Legal/Seattle Support (“ABC”) to serve the Defendants, and asserts as follows:

         (1) That an executed Certificate of Service was filed as to Defendant Money Recovery Nation Wide on August 15, 2017. See Doc. #8.

         (2) That ABC served Defendant Transunion on August 22, 2017, but did not file a Certificate of Service. Attached to Doc. #23 is a purported Certificate of Service as to Transunion. The Certificate states that the complaint and summons were delivered to one Alisa Lyons at Transunion, 1550 Peachtree St. NE, Atlanta, GA 30309, described as “Administrator of Senior Vice President, Person Authorized to Accept.”

         (3) That he believed that ABC would locate and serve Defendant Experian, but he concedes that was not done.

         On January 10, 2019, the Clerk of the Court entered a default as to Defendant Money Recovery Nation Wide [Doc. #27]. On June 10, 2019, the Court granted this Defendant's motion to set aside the default, finding that Plaintiff never made proper service [Doc. #34]. Also on June 10, 2019, the Court again ordered Plaintiff to show cause, on or before June 24, 2019, why his complaint should not be dismissed without prejudice as to Defendants Money Recovery Nation Wide, Experian, and Transunion [Doc. #35]. To date, Plaintiff has not responded.

         II. DISCUSSION

         Under Fed.R.Civ.P. 4(m), service of a summons and complaint must be made upon a defendant within 90 days after filing the complaint, otherwise,

“...the court, upon motion or on its own initiative after notice to the plaintiff, shall dismiss the action without prejudice as to that defendant or direct that service be effected within a specified time; provided that if the plaintiff shows good cause for the failure, the court shall extend the time for service for an appropriate period.”

Fed.R.Civ.P. 4(1) requires that “[i]f service is not waived, the person effecting service shall make proof thereof to the court.”

         Plaintiff has not shown proper service of process on Defendants Money Recovery Nation Wide, Experian, and Transunion. The Court has already found that service on Money Recovery Nation Wide was ineffective, and Plaintiff appears to concede that Defendant ...


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