Ray v. United States Postal Service
- Laura Swain
- 1:19-cv-06546
- U.S. District Court · Southern District of New York
- 2
In Ray v. United States Postal Service, Judge Swain denied default judgment without prejudice because service did not meet federal-agency rules.
Michael Ray’s request for default judgment against the United States Postal Service was denied without prejudice.
What happened
Ray v. United States Postal Service concerned Michael Ray’s motion for default judgment against the United States Postal Service. The court explained that a federal agency must be served under Federal Rule of Civil Procedure 4(i). The required service includes delivering the summons and complaint to the United States attorney for the district and the Attorney General, and sending copies by registered or certified mail to the agency.
Ray’s affidavit stated that he served the summons and complaint only on David Burroughs, identified as a mail room manager in Washington, D.C. The court concluded that the submission did not show proper service under the rule.
Judge Laura Taylor Swain denied Ray’s motion for default judgment without prejudice to refiling after proof of proper service, if the Postal Service does not respond on time.
The detailed version
- Ray v. United States Postal Service · No. 1:19-cv-06546
- Laura Swain
- Mar. 13, 2020
Background
Michael Ray asked the court to enter default judgment against the United States Postal Service. The court reviewed his motion and supporting submissions.
Service requirement
Because the Postal Service is an agency of the United States, service of the summons and complaint had to comply with Federal Rule of Civil Procedure 4(i). The court stated that this rule requires service on the United States by delivering the summons and complaint to both the United States attorney for the district where the case was filed and the Attorney General of the United States. It also requires sending a copy of the summons and complaint by registered or certified mail to the agency.
Ray submitted an affidavit stating that service was made only on David Burroughs, a mail room manager in Washington, D.C. The order did not find that this satisfied Rule 4(i).
Ruling
The court denied Ray’s motion for default judgment without prejudice to refiling after proof of proper service, if the Postal Service fails to respond within the required time. The order resolved docket entry number 15.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.