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UNITED STATES DISTRICT COURT FOR THE 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

MARTIN BOOKER, 

 Plaintiff, 

 Case No. 15-cv-12345 

vs. Hon. Matthew F. Leitman 

CHRISTOPHER T. BURNETT, et al., 

 Defendants. 

________________________________________________________________/ 

ORDER (1) GRANTING PLAINTIFF’S EX PARTE MOTION TO EXTEND 

SUMMONS AND (2) DENYING PLAINTIFF’S EX PARTE MOTION FOR 

SUBSTITUTED SERVICE WITHOUT PREJUDICE 

 Plaintiff Martin Booker (“Booker”) has brought an action against 

Defendants Christopher T. Burnett (“Burnett”), Bowling Green Freight, Inc., and 

FCC Equipment Financing, Inc. (collectively “Defendants”), for personal injuries 

he allegedly sustained in an automobile accident with Defendant Burnett. Booker 

retained Fast Process Service, LLC to serve a Summons, First Amended 

Complaint, and Demand for Jury Trial on Defendant Burnett. (See ECF #17 at 2, 

Pg. ID 56.) Fast Process Service, LLC attempted to serve process on Burnett on 

five separate occasions from July 18, 2015 to August 5, 2015 and was unsuccessful 

each time. (See id.) Booker also requested a waiver of summons pursuant to 

Federal Rule of Civil Procedure 4(d) by sending Burnett a Notice of Lawsuit and 

Request to Waive Service of Summons, to which Burnett never responded. (See 

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id.) The Summons in this case is set to expire on October 23, 2015; to date, 

Burnett still has not been served with process. (See id.) 

 On September 24, 2015, Booker filed an Ex Parte Motion to Extend 

Summons and Allow Substituted Service (the “Motion”). (See id. at 1, Pg. ID 55.) 

Specifically, Booker has requested that this Court issue an order permitting 

substituted service of process by the following methods: 

1. Sending by certified and regular mail, a copy of the Summons, 

Amended Complaint and this Order herein to the Defendant, 

CHRISTOPHER T. BURNETT, at his last known address at 

5817 S. Wilson Road, Elizabethtown, KY 42170, whether or 

not the Defendant acknowledges the receipt of said Summons 

and Complaint at his respective address; 

2. That a copy of the Summons and Amended Complaint and this 

Order for Substituted Service be served on the Defendant, 

BOWLING GREEN FREIGHT, INC. through their attorney, 

Thomas Cardelli, Esq. via certified and regular mail. This 

should be permitted because Defendant driver, CHRISTOPHER 

T. BURNETT was in the course and scope of his employment 

with Defendant owner, BOWLING GREEN FREIGHT, INC., 

at the date and time of the motor vehicle incident. 

(Id. at 3, Pg. ID 57.) 

The Court is not yet convinced that substitution of service is appropriate. 

Booker’s complaint indicates that Burnett is a truck driver. (See ECF #5 at 3, Pg. 

ID 20.) Booker has not shown that Fast Process Service, LLC’s efforts to serve 

process on Booker have failed because Booker is evading service or that he is not 

susceptible to personal service. Accordingly, IT IS HEREBY ORDERED that 

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Booker’s Motion for Substituted Service is DENIED WITHOUT PREJUDICE 

at this time. 

IT IS FURTHER ORDERED that Booker’s Summons is extended by 90 

days from the date of this Order. 

IT IS FURTHER ORDERED that Booker shall make diligent efforts to 

serve Defendant Burnett within the next 60 days. If Booker is unable to serve 

Defendant Burnett by the end of 60 days after diligent effort, Booker may file a 

renewed motion for substituted service. 

IT IS SO ORDERED.

 /s/Matthew F. Leitman 

 MATTHEW F. LEITMAN 

 UNITED STATES DISTRICT JUDGE 

Dated: September 29, 2015 

I hereby certify that a copy of the foregoing document was served upon the parties 

and/or counsel of record on September 29, 2015, by electronic means and/or 

ordinary mail. 

 s/Holly A. Monda 

 Case Manager 

 (313) 234-5113 

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