Plaintiffs need to hurry and perfect Service of Process "properly" under the rules and get their proof of service returns filed.
http://www.scribd.com/doc/86578610/LIBE ... 51381-17-0" onclick="window.open(this.href);return false;
March 23, 2012
Judge's Order Quoted in part:
This relates to http://libertylegalfoundation.org/wp-co ... -filed.pdf" onclick="window.open(this.href);return false;In the Court's view, Federal Rules 4(h)(1)(A) and 4(e)(1) can only be interpreted to require that service on a corporation be made in accordance with the requirements of Rule4.(1)(k), Arizona Rules of Civil Procedure which is in all material respects identical to Rule4(h)(1)(B), Fed. R. Civ. P. Sending a summons and complaint by registered mail addressed
-not to an individual but to a corporation is not sufficient to effectuate service on a corporation under either the federal or Arizona rules.
Plaintiff also states there were two attempts to serve the registered agent for the National Democratic Party of the USA as registered with the Tennessee Secretary of State and that both attempts were refused. No detail is provided with respect to these attempts at service but the Court infers that both were also registered mail. The Court finds that service has not been properly made upon Defendant National Democratic Party of the USA, Inc. In order to properly serve this corporation, the Court requires that Plaintiff deliver a copy of the summons and complaint to an officer, a managing or general agent, or any other agent authorized by appointment or law to receive service of process. Service must be made by a person qualified to serve a summons and complaint under Rule 4(c)(2), Fed. R. Civ. P.
IT IS ORDERED denying Plaintiff's Motion for Default Judgment (Doc. 12).
IT IS FURTHER ORDERED that this case will be dismissed against Defendant National Democratic Party of the USA, Inc. without further notice if Plaintiff fails to serve Defendant National Democratic Party of the USA, Inc. in accordance with the requirements of this Order and file a return of service within 30 days of the date of this Order.
Quoted in part:
Pursuant to federal rules of civil procedure 7 and 65 the Plaintiffs move this
Court for a preliminary injunction prohibiting the Defendants from issuing any
letters, certificates, or other document to any Secretary of State of any state, any
agent thereof, or any other official of any state, indicating that Barack Obama is
qualified to hold the office of President or that the Democratic Party has selected
Mr. Obama as its Presidential candidate, or requesting that any state place the
name of Mr. Obama on any ballot for the office of President of the United States
for the 2012 general election.