GEORGE A. O'TOOLE, JR., District Judge.
There are several motions pending before the Court. The crossclaim plaintiffs have filed motions for default and default judgment against crossclaim defendant Katherine Flanders-Borden ("Ms. Borden"). The first of these motions (dkt. no. 15) was filed after Ms. Borden failed to file a response to the complaint or crossclaims. Prior to a ruling on this initial motion, the Court conducted a Rule 16 conference. Ms. Borden was permitted to participate telephonically from Florida. Similarly, counsel for the interpleader plaintiff was permitted to participate telephonically from Pennsylvania. Counsel for the crossclaim plaintiffs were present in the courtroom.
During that conference, I directed Ms. Borden to file her response to the complaint and crossclaims within twenty-one days. Notwithstanding that direction, Ms. Borden failed to file any pleading within the allotted time period. As a result the crossclaim plaintiffs again moved for default and default judgment (dkt. nos. 23 & 24). Ten days after the established filing deadline Ms. Borden filed a motion to dismiss for insufficient service of process and for improper venue.
The Court first addresses the crossclaim plaintiffs' motions for default and default judgment. Default judgment "provides a useful remedy when a litigant is confronted by an obstructionist adversary and plays a constructive role in maintaining the orderly and efficient administration of justice."
I turn to Ms. Borden's motion to dismiss. When a defendant challenges the sufficiency of service of process, the plaintiff bears the burden of proving that the defendant was properly served.
Generally, Federal Rule of Civil Procedure 4 sets out the acceptable methods by which service of process can be effected. Under Rule 4(e), service upon an individual within a judicial district of the United States may be effected by following the law of the State in which the district court is located. Here, Massachusetts' law is applicable, and Massachusetts Rule of Civil Procedure 4(d)(1) permits service within the Commonwealth "by leaving copies [of the summons and complaint] at [the person's] last and usual place of abode."
According to the uncontested Affidavits of Service (dkt. no. 9), "last and usual" service on Ms. Borden was made at two separate address in Massachusetts.
"Whether service was proper must turn on the particular facts and circumstances of each case."
Service at a mailing address listed on a form prepared by the defendant being served is sufficient and effective under Massachusetts Rule of Civil Procedure 4(d)(1).
Ms. Borden's argument that this venue is improper is meritless. As a general matter, a civil action "may be brought in . . . a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated." 28 U.S.C. § 1391(b)(2). The primary issue in the case between Ms. Borden and the crossclaim plaintiffs revolves around whether a cash management account held by Merrill Lynch should be distributed according to a Transfer on Death Agreement ("TOD Agreement"). The TOD Agreement was signed by the decedent at his home in Nantucket and it was notarized by a notary public licensed in Massachusetts. (Compl., Ex. C (dkt. no. 1-5);
More specifically, an action of interpleader brought under 28 U.S.C. § 1335, such as this one, "may be brought in the judicial district in which one or more claimants reside." 28 U.S.C. § 1397. Here, it is uncontested that William Sherry, interpleader defendant and crossclaim plaintiff, resides in Nantucket, Massachusetts, which is enough to satisfy the interpleader venue statute's requirements. (Compl. ¶ 10.)
Ms. Borden's motion to dismiss (dkt. no. 26) is therefore DENIED. Ms. Borden must answer the complaint and crossclaims within fourteen (14) days of this order. The Court has heretofore given her some leeway because of her pro se status. She should not rely on such leeway in the future. Going forward, Ms. Borden must comply with the applicable rules of procedure and orders of the Court.
It is SO ORDERED.