Evans v. U.S. Department of Education
- Laura Swain
- 1:19-cv-10896
- U.S. District Court · Southern District of New York
- 2
In Evans v. U.S. Department of Education, United States District Judge Swain denied a default-judgment request without prejudice over incomplete service.
Akusia Evans’s request for a default judgment was denied because the opinion found no proof that the United States had been properly served; the Department of Education remained subject to the service requirements for a federal agency.
What happened
In Evans v. U.S. Department of Education, Akusia Evans asked the court to enter a default judgment because the Department of Education had not responded. The summons records showed that Evans sent the summons and complaint by certified mail to the Department in Washington, D.C.
The court explained that serving a federal agency also requires serving the United States through the appropriate United States Attorney’s Office and the Attorney General. Evans had not provided proof that those required steps were completed.
United States District Judge Laura Taylor Swain denied the default-judgment application without prejudice, allowing it to be filed again after proper service if the Department did not respond on time. The court extended Evans’s service deadline to December 18, 2020, and directed the Clerk to send Evans an amended summons and new service packet.
The detailed version
- Evans v. U.S. Department of Education · No. 1:19-cv-10896
- Laura Swain
- Oct. 6, 2020
Background
Akusia Evans applied for entry of a default judgment against the United States Department of Education. A default judgment is a judgment sought because a defendant allegedly failed to respond or otherwise defend the case.
Service requirements
The court applied Federal Rule of Civil Procedure 4(i), which governs service on the United States and its agencies. To serve a federal agency, a plaintiff must serve the United States and also send the summons and complaint by registered or certified mail to the agency. Service on the United States requires delivery or mailing to the United States Attorney’s Office for the district where the case is filed and mailing to the Attorney General of the United States in Washington, D.C. The rule also requires service on a nonparty federal agency or officer when the case challenges that agency’s or officer’s order.
The executed summonses showed only that Evans served the Department of Education by certified mail in Washington, D.C. Evans did not submit proof that she properly served the United States under Rule 4(i)(1).
Ruling
Judge Laura Taylor Swain denied Evans’s application for entry of a default judgment without prejudice to refiling after proof of proper service, if the Department failed to respond within the required time. The court extended Evans’s deadline to complete service to December 18, 2020. It also directed the Clerk of Court to mail Evans a copy of the order, an amended summons, and a new service packet.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.