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Chamley v. United States
United States District Court, W.D. Washington, Seattle
May 30, 2017
MARIE C. CHAMLEY, an individual, Plaintiff,
THE UNITED STATES, et al., Defendants.
ORDER GRANTING MOTION FOR ALTERNATE SERVICE OF
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE.
MATTER comes before the Court on Plaintiff's Motion
Allowing Alternative Service of Process. Dkt. #10. Plaintiff
seeks leave of Court to serve Defendants Obra L. Kent and
John Doe Kent by mail, by service of process on the Secretary
of State of the State of Washington, and by publication.
Id. Plaintiff's Complaint alleges negligence
claims against Defendants, arising out of an automobile
accident that occurred on Interstate 5 in 2014. Dkt. #1.
Rule of Civil Procedure 4 (e)(1) provides that “service
of an individual . . . may be effected in any judicial
district of the United States pursuant to the law of the
state in which the district court is located.” Under
[s]ervice made in the modes provided in this section is
personal service. The summons shall be served by delivering a
copy thereof, as follows:
. . .
(16) In all other cases, to the defendant personally, or by
leaving a copy of the summons at the house of his or her
usual abode with some person of suitable age and discretion
then resident therein.
(17) In lieu of service under subsection (16) of this
section, where the person cannot with reasonable diligence be
served as described, the summons may be served as provided in
this subsection, and shall be deemed complete on the tenth
day after the required mailing: By leaving a copy at his or
her usual mailing address with a person of suitable age and
discretion who is a resident, proprietor, or agent thereof,
and by thereafter mailing a copy by first-class mail, postage
prepaid, to the person to be served at his or her usual
mailing address. For the purposes of this subsection,
“usual mailing address” does not include a United
States postal service post office box or the person's
place of employment.
[w]hen the defendant cannot be found within the state, and
upon the filing of an affidavit of the plaintiff, his or her
agent, or attorney, with the clerk of the court, stating that
he or she believes that the defendant is not a resident of
the state, or cannot be found therein, and that he or she has
deposited a copy of the summons (substantially in the form
prescribed in RCW 4.28.110) and complaint in the post office,
directed to the defendant at his or her place of residence,
unless it is stated in the affidavit that such residence is
not known to the affiant, and stating the existence of one of
the cases hereinafter specified, the service may be made by
publication of the summons, by the plaintiff or his or her
attorney in any of the following cases: . . .
(2) When the defendant, being a resident of this state, has
departed therefrom with intent to defraud his or her
creditors, or to avoid the service of a summons, or keeps
himself or herself concealed therein with like intent; . . .
[t]he publication shall be made in a newspaper of general
circulation in the county where the action is brought once a
week for six consecutive weeks: PROVIDED, That publication of
summons shall not be made until after the filing of the
complaint, and the service of the summons shall be deemed
complete at the expiration of the time prescribed . The
summons must be subscribed by the plaintiff or his or her
attorney or attorneys. The summons shall contain the date of
the first publication, and shall require the defendant or
defendants upon whom service by publication is desired, to
appear and answer the complaint ...
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