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Strange v. T C N Inc.

United States District Court, D. Utah

March 28, 2019

CLINTON STRANGE, Plaintiff,
v.
T C N, INCORPORATED; CELTIC BANK CORPORATION; CONTINENTAL FINANCE COMPANY, LLC; and EASTPOINT RECOVERY GROUP, LLC, Defendants.

          MEMORANDUM DECISION AND ORDER DENYING IN PART AND GRANTING IN PART PLAINTIFF CLINTON STRANGE'S MOTION RE: DISMISSAL AND SERVICE

          DAVID NUFFER UNITED STATES DISTRICT JUDGE.

         District Judge David Nuffer Plaintiff Clinton Strange filed a motion (the “Motion”)[1] requesting: (1) an order dismissing his claims against Defendant T C N Incorporated (“TCN”) without prejudice; and (2) an order directing the U.S. Marshals Service to serve Defendants Celtic Bank Corporation (“Celtic”), Continental Finance Company LLC (“Continental”), and Eastpoint Recovery Group LLC (“Eastpoint”).[2]

         For the following reasons, the Motion is DENIED in part and GRANTED in part.

         DISCUSSION

         Nearly two months before Strange filed this Motion, TCN filed a motion under Fed. R. C i v . P . 12(b)(6) to dismiss Strange's claims with prejudice.[3] Strange did not file a response to TCN's motion, and the time to do so expired.[4] Since then, an order has been entered granting TCN's motion and dismissing all of Strange's claims against TCN with prejudice.[5] Accordingly, Strange's request for an order dismissing his claims against TCN without prejudice is moot and will be denied.

         However, his request for an order directing the U.S. Marshals Service to effectuate service on Celtic, Continental, and Eastpoint will be granted. For where, as here, [6] a “plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915, ” “[t]he court must, ” “[a]t the plaintiff's request, . . . order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court.”[7]

         ORDER

         THEREFORE, IT IS HEREBY ORDERED as follows:

         1. The Motion[8] is DENIED to the extent it seeks to dismiss Strange's claims against TCN without prejudice.

         2. The Motion[9] is GRANTED to the extent it requests that the U.S. Marshals Service effectuate service on Celtic, Continental, and Eastpoint.

         3. The U.S. Marshals Service is hereby directed to serve a summons, a copy of the First Amended Complaint, [10] and a copy of this Order on each of the following defendants by registered or certified mail:

Celtic Bank Corporation c/o Leslie K. Renaldi 268 S. State St., Ste. 300 Salt Lake City, UT 8411
Continental Finance Company LLC c/o Lamiaa E. Elfar 4550 New Linden Hill Rd., Ste. 400 Wilmington, DE 19808
Eastpoint Recovery Group Inc.[11] c/o C T Corporation System 3867 Plaza Tower Dr. ...

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