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ORDER - 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

WILLIE HUGH WALKER, JR.,

Plaintiff,

v.

UNITED STATES OF AMERICA, PUGET

SOUND NAVAL SHIPYARD, in its official

capacity as Plaintiff’s Federal Employer, and

SECRETARY OF LABOR OFFICE OF

WORKERS’ COMPENSATION PROGRAMS

in its official capacity as Administrator of a

Federal Law for Federal Employees’

employment related injuries sustained while in

the performance of a duty,

Defendants.

Case No. C05-5742RJB

ORDER DENYING MOTION FOR

DEFAULT JUDGMENT

This matter comes before the Court on Plaintiff’s Motion for an [sic] Judgment by Default

Against the Defendant. Dkt. 11. This Court has considered the pleadings filed in support of and in

opposition to the Motion, and the remaining file herein. 

I. FACTS 

On November 14, 2005, Plaintiff filed a civil suit against the United States, the Puget

Sound Naval Shipyard, and the Secretary of Labor for the Office of Workers’ Compensation

Programs. Dkt. 1. On February 13, 2006, Plaintiff filed a pleading entitled “Plaintiff’s Proof of

Service Upon All Said Defendants in this Action.” Dkt. 10-1. Plaintiff states in this pleading that

[O] n January 13, 2006, [two copies of the summons and complaint] were served

together at the United States Attorney’s Office for the Northern District of

Alabama, located in Birmingham, Alabama. With instruction from the Plaintiff for

them to forward one summons and complaint to their United States Attorney’s

Office, located in Seattle, Washington, and to forward the other said summons and

complaint to the United States Department of the Navy’s Puget Sound Naval

Shipyard, located in Bremerton, Washington. “Refer to the summons for said

Defendants correct addresses.” 

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ORDER - 2

Dkt. 10-1. The pleading continues, “[t]he attached U.S. Postal Service Certified Mail Receipt

dated December 8, 2005, establishes that the Plaintiff’s summons and complaint in this action, was

served together on the United States Secretary of Labor OWPC.” Id. The certified mail receipt

lists the following in the “sent to” box: U.S. Department of Labor, DFEC Central Mailroom, P.O.

Box 8300, London, KY 40742-8300. Dkt. 10-2, at 5. Plaintiff now moves for a default judgment

against the United States of America because the United States Attorney’s Office has failed to

plead or defend the above entitled action. Dkt. 11. In opposition to the Motion, the U.S.

Attorney argues the United States has not been properly served and has sixty days after proper

service to answer (pursuant to Rule 4(i)(1)(A); 12(a)(3)). Dkt. 15. 

II. DISCUSSION

Fed. Civ. R. Pro. 55 provides that upon motion, a default judgment shall be entered where

a party, against whom a judgment for affirmative relief is sought, fails to plead or otherwise

defend. “A failure to make a timely answer to a properly served complaint will justify the entry of

a default judgment.” Benny v. Pipes, 799 F.2d 489, 492 (9th Cir.1986), amended 807 F.2d 1514,

cert. denied, 108 S.Ct. 198 (1987). Fed. R. Civ. Pro. 4(i) states service upon the United States

shall be effectuated: 

(1)(A) by delivering a copy of the summons and of the complaint to the United

States attorney for the district in which the action is brought or to an assistant

United States attorney or clerical employee designated by the United States

attorney in a writing filed with the clerk of the court or by sending a copy of the

summons and of the complaint by registered or certified mail addressed to the civil

process clerk at the office of the United States attorney and

(B) by also sending a copy of the summons and of the complaint by registered or

certified mail to the Attorney General of the United States at Washington, District

of Columbia, and

(C) in any action attacking the validity of an order of an officer or agency of the

United States not made a party, by also sending a copy of the summons and of the

complaint by registered or certified mail to the officer or agency.

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ORDER - 3

(2)(A) Service on an agency or corporation of the United States, or an officer or

employee of the United States sued only in an official capacity, is effected by

serving the United States in the manner prescribed by Rule 4(i)(1) and by also

sending a copy of the summons and complaint by registered or certified mail to the

officer, employee, agency, or corporation.

Emphasis added. 

Plaintiff failed to properly serve the Defendants in this matter pursuant to Rule 4. Although

Plaintiff has brought this action in the Western District of Washington, Plaintiff served the United

States Attorney in Alabama and the United States Secretary of Labor in Kentucky. Dkt. 10-1. 

The record fails to indicate whether the Attorney General of the United States in Washington D.C.

was served. Plaintiff’s motion for default should be denied.

II. ORDER 

Therefore, it is now ORDERED that Plaintiff’s Motion for an [sic] Judgment by Default

Against the Defendant (Dkt. 11) is DENIED. 

The Clerk of the Court is instructed to send uncertified copies of this Order to all counsel

of record and to any party appearing pro se at said party’s last known address.

DATED this 20th day of March, 2006.

A

Robert J. Bryan

United States District Judge 

Case 3:05-cv-05742-RJB Document 16 Filed 03/20/06 Page 3 of 3