Richard M. Conrad v. Anthony Baltes, et. al.

Headnotes

H1: Civil Procedure > Pleadings > Service of Process > General Overview

See Civ. R. 4

H2: Civil Procedure > Service of Process > Methods of Service > Mail 

Under the Ohio Rules of Civil Procedure, service may be completed in the United States by first class mail postage by mailing a copy of the summons and complaint to the defendant, a managing or general agent of defendant, or any other agent of the defendant authorized by appointment or law to receive service of process. 

H3: Civil Procedure > Service of Process > Time Limitations

Under Ohio R. Civ. P. 4(E), if service of the summons and complaint is not made to the defendant within six months after filing the complaint, and if the plaintiff cannot show good cause why service was not completed within the six months, then the action shall be dismissed. 

 

Summary of Case

Procedural Posture: Defendants motion to dismiss the Plaintiff’s complaint due to improper and untimely service upon them. Plaintiff has filed a response to the Defendant’s Failure of Service of Process motion. 

Overview:  From the pleadings, Plaintiff has shown valid service of process for some, but not all of the defendants.  However, the six month time frame has yet to expire on the Plaintiff. 

Outcome: Court denies the Defendants motion to dismiss the complaint, due to the premature filing of this motion. Court gives notice to Plaintiff that service has not been completed for all of the Defendants. 

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