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`G.K.
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`VERSUS
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`D.M.
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF LOUISIANA
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`CIVIL NO. 21-2242
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`ORDER AND REASONS
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`SECTION: T (2)
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`The Court has before it Plaintiff G.K’s Motion to Quash Service upon him by Intervenors
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`Fishman Haygood, LLP, Michael Dodson, Danielle Teutonico and Monica Bergeron. R. Doc. 258.
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`Intervenors have responded in opposition. R. Doc. 264.
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`In the Fifth Circuit, “the party on whose behalf [service] is made must bear the burden of
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`establishing its validity.” Aetna Business Credit, Inc. v. Universal Decor & Interior Design, Inc.,
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`635 F.2d 434, 435 (5th Cir. 1981). Having considered the parties’ briefing, the Court cannot
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`determine whether Plaintiff was properly served with the Intervenors’ Complaint. Thus,
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`Intervenors have failed to carry their burden, and the challenged service upon Plaintiff must be
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`quashed. Accordingly,
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`IT IS ORDERED that Plaintiff’s Motion, R. Doc. 258, is GRANTED and proof of service
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`upon Plaintiff, R. Doc. 256, is hereby QUASHED.
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`IT IS FURTHER ORDERED that Plaintiff shall file with this Court no later than
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`November 15, 2023, his current and active telephone number, e-mail address, and postal address
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`at which he may be served. Plaintiff is WARNED that failure to comply with this order may result
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`in the entry of default judgment against him. See Sindhi v. Raina, 905 F.3d 327, 332 (5th Cir. 2018)
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`(noting the “well-settled principle” that Rule 55 allows district courts to enter judgment default
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`against a party for failure to comply with court orders).
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`IT IS FURTHER ORDERED that Intervenors shall re-serve Plaintiff with their
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`Case 2:21-cv-02242-GGG-DPC Document 267 Filed 11/01/23 Page 2 of 2
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`Complaint in Intervention no later than thirty (30) days after the docketing of any filing Plaintiff
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`may make in conformity with the above order of this Court. If Intervenors are unable to serve
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`Plaintiff at the provided address, Intervenors are DIRECTED to notify the Court immediately.
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`IT IS FURTHER ORDERED that Plaintiff is again NOTIFIED of his obligations,
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`pursuant to this district’s Local Rule 11.1, to promptly notify the Court of any change to any
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`address or telephone number previously submitted to the Court, and to include his e-mail address,
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`postal address, and telephone number on any and all pro se filings made to this Court. Plaintiff is
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`hereby WARNED that any future filing he may submit to this Court in violation of Local Rule
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`11.1 will be rejected as deficient. Plaintiff is further NOTIFIED that failure to notify the Court of
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`a current e-mail or postal address may be cause for dismissal of this action pursuant to Local Rule
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`41.3.1.
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`New Orleans, Louisiana, this 1st day of November, 2023.
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` GREG GERARD GUIDRY
`UNITED STATES DISTRICT JUDGE
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`2
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