Wright v. Mail Media Inc.

Background

Wright filed the complaint on August 11, 2023. On August 12, Wright sent the defendants’ registered agent and prior counsel notices and forms asking them to waive formal service of the lawsuit. Wright later moved for costs of service.

Legal standard

Under Federal Rule of Civil Procedure 4(d), when a plaintiff makes a proper request for a defendant to waive service and the defendant does not do so, the court must impose the costs and expenses of making service, including attorney’s fees for a motion needed to collect those costs. The request must include, among other things, two copies of the waiver form and a prepaid way to return the form.

The court explained that a plaintiff generally needs to show substantial compliance with these requirements. Some technical errors may still satisfy that standard, but failing to include a self-addressed, stamped envelope can eliminate the ability to obtain a costs award.

Ruling

The defendants stated that Wright’s mailing did not include a prepaid return method. A later email from Wright’s agent acknowledged that the mailing may not have included self-addressed, stamped envelopes. Although a later declaration stated that Wright believed the envelopes had been included, the court found no other evidence supporting that assertion.

Judge Andrew L. Carter, Jr. held that Wright’s failure to include self-addressed, stamped envelopes meant Wright had not substantially complied with Rule 4(d)(1). The court therefore denied Wright’s motion for costs.