Erickson v. Sawyer
- Eric Tostrud
- 0:21-cv-02536
- U.S. District Court · District of Minnesota
- 2
In Erickson v. Sawyer, Judge Wright denied Erickson’s request to serve Picazio electronically through PACER because the rules did not authorize that method.
Randi Lynn Erickson’s effort to serve Kim L. Picazio; the order addressed only the requested method of service and did not decide the underlying claims.
What happened
In Erickson v. Sawyer, Randi Lynn Erickson asked the court to allow service of the summons and complaint on Kim L. Picazio through PACER, using Picazio’s bar membership number. Erickson said the Broward County Sheriff had not returned proof of service.
The court explained that a defendant must receive the summons and complaint through an authorized method, such as personal delivery, delivery to a suitable person at the defendant’s home, delivery to an authorized agent, or a written request to waive service. The court said electronic service under the federal rule cited by Erickson applies in some circumstances to defendants outside the United States, not to domestic defendants such as Picazio, whom the complaint said resides in Florida. The court also said Florida’s rules do not authorize electronic service.
Judge Wright denied Erickson’s motion for electronic service through PACER. The court also stated that Erickson did not appear to have exhausted service through the Broward County Sheriff’s Office or other available methods.
The detailed version
- Erickson v. Sawyer · No. 0:21-cv-02536
- Eric Tostrud
- Jan. 25, 2022
Background
Randi Lynn Erickson filed a motion seeking an order allowing her to serve the summons and complaint on Kim L. Picazio, individually and as principal, through the PACER electronic filing system using Picazio’s bar membership number. Erickson stated that the Broward County Sheriff had not returned the notice of service for Picazio or her law firm.
Legal standard and analysis
The court stated that it cannot exercise power over a defendant unless the defendant has been served with process or has waived service. Federal Rule of Civil Procedure 4(e)(2) permits service on an individual by personal delivery, by leaving the documents at the person’s dwelling with someone of suitable age and discretion, or by delivering them to an authorized agent. Rule 4(d) also permits a plaintiff to request a written waiver of service.
The court rejected electronic service through PACER. It explained that courts have sometimes permitted electronic service on defendants outside the United States under Rule 4(f)(3), but that rule does not apply to domestic defendants such as Picazio, whom the complaint identified as residing in Florida. The court further noted that Rule 4(e)(1) permits service under the law of the relevant state, but Florida’s rules likewise do not authorize electronic service. The court also stated that Erickson did not appear to have exhausted service through the Broward County Sheriff’s Office or other available methods.
Disposition
The court denied Erickson’s Motion to/for Service of Notice of Complaint to Kim L. Picazio, individually and as Principal (Dkt. 11). Judge Elizabeth Cowan Wright signed the order as a United States Magistrate Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.