Matches in SCALES for { <scales/DocketEntry/alnd;;5:16-cv-00484_de7> ?p ?o ?g. }
Showing items 1 to 3 of
3
with 100 items per page.
- alnd;;5:16-cv-00484_de7 RegisterActionDate "2016-06-06" @default.
- alnd;;5:16-cv-00484_de7 RegisterActionDescriptionText "TEXT ORDER: Camber Corporation has filed a motion for leave to serve Viatech, Inc. by publication. (Doc. 5). The Court finds that Camber Corporation has not met the requirements of Alabama Rule of Civil Procedure 4.3 as discussed in Lovell v. Costigan, 185 So. 3d 1130 (Ala. Civ. App. 2015). Specifically, Camber Corporation has not averred specific facts of avoidance showing that Viatech, Inc. is culpable for the failure of service or demonstrated that the officers and agents of Viatech, Inc. are absent from Viatech, Inc.'s state of incorporation and principal place of business. Camber's motion states, "Upon information and belief, DSCI and Viatech share many officers, directors, and employees." (Doc. 5, p. 2 n.1). Therefore, Viatech cannot be deemed to have avoided service because of a failure to elect officers or appoint agents or because the officers or agents are unknown. Indeed, in its complaint, Camber refers to a number of DSCI's and Viatech's officers by name. (See Doc. 1, pp. 7-10). Accordingly, the Court DENIES Camber Corporation's motion without prejudice. Signed by Judge Madeline Hughes Haikala on 6/6/2016. (KEK) (Entered: 06/06/2016)" @default.
- alnd;;5:16-cv-00484_de7 AdministrativeID "7" @default.