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Moneygram Payment Systems, Inc. v. Sulehri

United States District Court, D. Colorado

March 28, 2016

MONEYGRAM PAYMENT SYSTEMS, INC., Plaintiff,
v.
RASHID SULEHRI; MUHAMMAD KAMRAN; RASHID SULEHRI and MUHAMMAD KAMRAN d/b/a TANK N TUMMY; and JAV 3 LLC, Defendants.

ORDER ON PLAINTIFF’S MOTION FOR SUBSTITUTED SERVICE AGAINST DEFENDANTS RASHID SULEHRI AND MUHAMMAD KAMRAN (DOCKET NO. 15)

Michael J. Watanabe United States Magistrate Judge.

Plaintiff moves for leave to serve Defendants through substituted service under Fed.R.Civ.P. 4(h)(1)(A) and Colo. R. Civ. P. 4(f)(1). (Docket No. 15.) For the following reasons, the Court DENIES the motion without prejudice.

Background

Plaintiff filed his Complaint on December 22, 2015. (Docket No. 1.) On January 7, 2016, and February 5, 2016, the Clerk of Court issued summonses. (Docket Nos. 9 & 11.) So far, Defendant has not appeared.

On February 5, 2016, Plaintiff moved to reset the Scheduling Conference (Docket No. 12), showing:

• “The designated registered agent with Colorado Secretary of State for Defendant JAV 3 LLC is Javaria Sulehri. Javaria Sulehri is the wife of Defendant Rashid Sulehri. Despite being listed as the registered agent, there is no such individual at the designated agent’s address.” (Id. ¶ 2.)
• The Otero County Sheriffs Office “attempted to serve the registered agent, Javaria Sulehri, and her husband, Defendant Rashid Sulehri on several occasions” but has “been unable to locate either party in Otero County, Colorado” because “both Javaria Sulehri and her husband, Defendant Rashid Sulehri are no longer in Otero County, Colorado and have relocated to an undisclosed location in the State of New York.” (Id. ¶ 3.)
• Defendant Kamran had not yet been served due to a clerical error by Plaintiff s counsel. (Id. ¶ 5.)

On March 18, 2016, Plaintiff moved to allow substituted service on the individual defendants, Defendants Sulehri and Kamran (Docket No. 15), adding:

• Defendants signed a contract with Plaintiff, identifying (1) an address in Rocky Ford, CO as the address of Defendant Sulehri and of Defendant JAV 3 LLC; (2) an address in Chickasaw, OK as the address of Defendant Kamran; and (3) a convenience store in Rocky Ford, CO as the place of business under the contract. (Docket No. 17-1.)
• Service at those addresses has failed. (Docket Nos. 17-2, 17-6, 17-7 & 17-8.) It appears that the LLC no longer maintains a registered agent in the State of Colorado. (See Docket Nos. 17-2 & 17-5.)
• Telephone calls to known numbers for Defendant Sulehri have proven fruitless. (Docket No. 17-3 ¶¶ 1-3.)
• Telephone calls to known numbers for Defendant Kamran have reached (1) an unknown individual who stated that Defendant Kamran is in Pakistan, and (2) Defendant Kamran himself, who stated that he is in Pakistan but maintains a permanent ...

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