UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

PATRICIA ANN FORD, 

Plaintiff,

v.

ROOSEN, VARCHETTI & OLIVIER,

PLLC,

Defendant.

Case No. 14-14794

HONORABLE ARTHUR J. TARNOW

SENIOR UNITED STATES DISTRICT JUDGE

HONORABLE DAVID R. GRAND

UNITED STATES MAGISTRATE JUDGE

______________________________/

ORDER GRANTING PLAINTIFF’S EX PARTE 

MOTION FOR ALTERNATE SERVICE [3]

Before the Court is Plaintiff’s Ex Parte Motion for Alternate Service [3] and its

attendant Exhibit B [4]. Plaintiff has been unable to effectuate service of the

Summons [2] in this matter due to Defendant’s deliberate evasion of service. Plaintiff

does not request a specific alternative method of service.

On February 6, 2015, Plaintiff counsel presented an envelope containing a

Waiver of Service Summons and Complaint to a white lady at the front desk of the

law office at 39541 Garfield Road, Clinton Township, Michigan 48038. As Plaintiff

counsel was returning to his truck in the parking lot, a younger white man ran out of

the office and put the envelope containing the Waiver of Service in the bed of Plaintiff

counsel’s pickup truck.

Subsequently, Plaintiff’s counsel retained U.S. Federal Process Service to

effectuate service on Defendant. On February 18, 2015, S. Miller, on behalf of U.S.

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Federal Process Service, attempted personal service on Paul E. Varchetti, as

Defendant’s Registered Agent, at 39541 Garfield Road, Clinton Township, Michigan

48038. The receptionist at that address told Miller that there was no one in the office

who could accept service and that Paul Varchetti was out of town. A manager at the

office who would only give his first name, Carl, stated that Miller would have to make

an appointment to serve Paul Varchetti. When Miller tried to make an appointment,

Carl stated that he could not make an appointment without Varchetti.

On March 3, 2015, Miller, on behalf of U.S. Federal Process Service, contacted

Defendant via telephone (586-868-2737) to schedule an appointment to effectuate

service on Defendant. The receptionist told Miller he could speak to Paul Varchetti

and put Miller on hold. Then the receptionist picked up the phone and asked what the

call was regarding. When Miller stated he had a federal summons to serve, the

receptionist said she was not sure whether Paul Varchetti was in the office. The

receptionist put Miller back on hold, ostensibly to check if Varchetti was in the office,

and upon her return, told Miller that Paul Varchetti was out and she would take a

message.

Subsequently, Plaintiff’s counsel retained Allen and Hope Process Serving

(“AHPS”) to effectuate service on Defendant. On March 6, 2015, AHPS attempted

personal service on Defendant at 39541 Garfield Road, Clinton Township, Michigan

48038 by leaving the Summons and Complaint at the front desk of the office with a

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blond lady, who was approximately fifty years old. See [3] at 2; [4]. The lady

indicated that she could not accept service and called out to “Paul.” The man who

responded to the name “Paul” ran outside and threw the Summons and Complaint at

the AHPS server as she was driving away. The AHPS server then placed the

Summons and Complaint on the door of Defendant’s office, which “Paul” had locked.

Michigan public records indicate that Paul E. Varchetti is the Registered Agent

for service of process for Defendant Roosen, Varchetti & Olivier, PLLC. Michigan

public records further indicate that process may be served upon Defendant at 39541

Garfield, Clinton Township, Michigan 48038. The Court finds that service of process

cannot reasonably be made in a manner set forth under Michigan law, and that the

substitute means are reasonably calculated to give Defendant actual notice of the

proceedings and an opportunity to be heard. FRCP 4(e)(1); Mich. Ct. R. 2.105(I)(1).

Accordingly,

IT IS ORDERED that Plaintiff’s Ex Parte Motion for Alternate Service [3] is

GRANTED.

IT IS FURTHER ORDERED that the Summons [2] in this matter shall NOT

EXPIRE until May 17, 2015.

IT IS FURTHER ORDERED that Plaintiff SHALL SERVE Defendant on

or before April 30, 2015 in the following manner:

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mailing a copy of the Summons [2], the Complaint [1], her Ex

Parte Motion for Alternate Service [3], her Exhibit [4], and this

Order [5] by registered mail (return receipt requested) to 39541

Garfield Road, Clinton Township, Michigan 48038 to Paul E.

Varchetti’s and Roosen, Varchetti & Olivier, PLLC’s attention.

IT IS FURTHER ORDERED that Plaintiff SHALL FILE the return receipt

confirming service as provided supra.

IT IS FURTHER ORDERED that Defendant SHALL SHOW CAUSE why

the Court should not award Plaintiff the fees and costs she has incurred attempting

service in this matter.

SO ORDERED.

s/Arthur J. Tarnow 

Arthur J. Tarnow

Dated: April 10, 2015 Senior United States District Judge

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