Saldana v. Mission Drywall, Inc. et al

Western District of Texas, txwd-5:2018-cv-01060

MOTION to Substitute Service of Process by Michael Saldana.

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION § MICHAEL SALDAÑA, § Individually and on behalf § Civil Action No. 5:18-cv-01060-FB of all others similarly situated, § § Plaintiff, § JURY TRIAL DEMANDED § v. § § COLLECTIVE ACTION MISSION DRYWALL, INC., BOB MUTZ, § PURSUANT TO 29 U.S.C. § 216(b) and DAVID ERNST, § § Defendants. § § MOTION FOR ALTERNATIVE SERVICE OF PROCESS TO THE HONORABLE FRED BIERY: Plaintiff Michael Saldana, individually and on behalf of all others similarly situated ("Plaintiff"), asks the Court to allow alternative service of process on Bob Mutz ("Defendant") and in support thereof would show the following: 1. On October 9, 2018, Plaintiff filed his Original Complaint in this matter. See ECF No. 1. After filing suit, Plaintiff retained a private process service company to effect service on the Individual Defendant. As shown by the affidavits of David Pace (Exhibit A), the process server, over a month period made 4 attempts to serve Bob Mutz, individually, but the attempts have not been successful. 2. The Individual Defendant appears to be avoiding service of process. See Exhibit A. 3. Service upon Bob Mutz can be had by leaving the Original Collective Action Complaint and summons with any person appearing to be at least the age of eighteen (18) years who is present at 5811 New Sulphur Springs Rd., San Antonio, Bexar County, Texas 78222 or by affixing the complaint and summons to be served on the Defendants to the front entrance at that address. 4. Plaintiffs pray that the Court grant this motion and allow service of the Original Collective Action Complaint and summons for Defendant by leaving said documents with any individual appearing to be over the age of 18 years who is present at 5811 New Sulphur Springs Rd., San Antonio, Bexar County, Texas 78222, or by posting same on front entrance at that address, and that proof of service in the form of an affidavit or declaration by the process server reflecting such service suffice as proof of service of the complaint and summons. Date: April 18, 2019 Respectfully submitted, ANDERSON ALEXANDER, PLLC By: /s/ Clif Alexander Clif Alexander Texas Bar No. 24064805 Lauren E. Braddy Texas Bar No. 24071993 Alan Clifton Gordon Texas Bar No. 00793838 Carter T. Hastings Texas Bar No. 24101879 819 N. Upper Broadway Corpus Christi, Texas 78401 Telephone: (361) 452-1279 Facsimile: (361) 452-1284 Attorneys in Charge for Plaintiff and the Putative Class Members CERTIFICATE OF SERVICE I hereby certify that on April 18, 2019, a copy of the foregoing Certificate of Interested Parties was filed electronically. Notice of this filing will be sent to all parties by operation of the Court's electronic filing system and copies will be mailed via US Mail to the parties who are not served via the Court's electronic filing system. Parties may access this filing through the Court's system. /s/ Clif Alexander Clif Alexander