LNV Corp. v. Robb
2012 WL 488285, 843 F.Supp.2d 1002, 2012 U.S. Dist. LEXIS 23955 (2012)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
When a defendant appears to have designed their living arrangements to evade service of process, a location where they have significant connections and where notice is reasonably likely to reach them, such as a parent's home where they are known to reside at least part-time, can qualify as their 'dwelling house or usual place of abode' for the purpose of substituted service under Federal Rule of Civil Procedure 4(e).
Facts:
- Plaintiff attempted to serve Randall Robb at his listed residence at 701 S. Woodland Drive and his business address multiple times over several years without success.
- A process server observed that the Woodland Drive address appeared abandoned, noting a vehicle with a flat tire and expired tags, outdated phone books, cobwebs on the front door, and a full mailbox.
- A private investigator went to the home of Robb's parents at 5609 NW Oak Ridge, where Robb's mother told the investigator that Robb was 'not at home,' implying he lived there.
- The investigator later returned to the parents' residence and left the summons and complaint with Robb's father, who accepted them before Robb's mother came to the door and dropped the papers outside.
- A neighbor at the Oak Ridge address confirmed to the investigator that Robb resides with his parents.
- Robb acknowledged helping his elderly parents and staying at their home on occasion.
Procedural Posture:
- Plaintiff filed a lawsuit against Timberland Properties, Inc. and Randall Robb in the United States District Court for the Western District of Missouri, seeking repayment of loans.
- Plaintiff attempted to serve Robb by leaving a copy of the summons and complaint at Robb's parents' residence.
- Defendant Robb filed a motion to quash service of process pursuant to Federal Rule of Civil Procedure 12(b)(5), challenging the court's jurisdiction due to insufficient service.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does leaving a summons and complaint with a family member at the defendant's parents' residence constitute proper service at the defendant's 'dwelling house or usual place of abode' under Federal Rule of Civil Procedure 4(e), when the defendant's officially listed address appears abandoned and there is evidence the defendant is actively evading service?
Opinions:
Majority - Sachs, J.
Yes. Leaving the summons at the parents' residence constitutes proper service because it qualifies as the defendant's 'usual place of abode' under the circumstances. The court found substantial evidence that Robb's officially listed address was effectively abandoned and that he was using his living arrangements to evade service of process. The fundamental purpose of service rules is to provide notice consistent with due process, and the evidence—including the state of the listed address, the mother's and neighbor's statements, and Robb's regular presence—strongly indicated that the parents' home was a location where he had significant connections and where notice was reasonably calculated to reach him. Courts liberally construe service rules, particularly when a defendant is evasive, to prevent the frustration of the judicial process.
Analysis:
This decision illustrates the flexible and pragmatic approach courts take when applying the 'dwelling house or usual place of abode' standard from Rule 4(e). It establishes that courts will look beyond a defendant's self-proclaimed residence, especially when there is evidence of bad faith or evasion. The ruling emphasizes that the core purpose of service is achieving due process notice, not rigid adherence to a formal address. This precedent empowers plaintiffs to effect service at locations with substantial connections to an evasive defendant, preventing defendants from using mobility or obfuscation to escape jurisdiction.
Unlock the full brief for LNV Corp. v. Robb