West v. Bell & Ross Inc.
- John Cronan
- 1:20-cv-03775
- U.S. District Court · Southern District of New York
- 2
In West v. Bell & Ross Inc., Judge Cronan required an explanation of drop-box service and postponed the default-judgment filing deadline.
Mary West and Bell & Ross Inc.; the order required West to explain the service method and postponed the deadline for seeking default judgment.
What happened
West v. Bell & Ross Inc. began when Mary West filed a complaint and an affidavit stating that Bell & Ross Inc. was served through a drop box.
The court explained that federal and New York law generally require serving a corporation through an authorized officer or agent, or by following specific mailing procedures. The court questioned whether drop-box service was proper.
Judge John P. Cronan ordered West to explain by December 21, 2020, why the service complied with federal law. He also postponed indefinitely the December 14 deadline for filing for default judgment.
The detailed version
- West v. Bell & Ross Inc. · No. 1:20-cv-03775
- John Cronan
- Dec. 16, 2020
Background
Mary West filed a complaint on May 15, 2020. On June 11, she filed an affidavit of service stating that Bell & Ross Inc. had been served on May 26, 2020, “VIA DROP BOX.” On December 14, West filed a proposed Clerk’s Certificate of Default.
Service Requirements
Federal Rule of Civil Procedure 4(h) permits service on a corporation by following the law of the state where the federal court is located or where service is made, or by delivering the summons and complaint to an authorized officer or agent. Under the New York provisions discussed by the court, personal service generally must be made on a corporation’s officer or authorized agent. Service by mail requires specific documents and is not complete until the recipient mails back a signed acknowledgment. Service may also be made through a registered agent.
Order
The court ordered West to file a letter by December 21, 2020, explaining why service through a drop box was proper under Rule 4. The court also adjourned indefinitely the December 14, 2020 deadline for filing for default judgment. The order did not decide whether Bell & Ross Inc. was liable or whether default judgment should be entered.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.