Notice hypos

For Hypos 1 & 2, consider, first, whether the means of service suggested would satisfy the requirements of the service of process rules in Illinois or in Fed.R.Civ.P., and then whether, assuming the means were authorized, it satisfies due process.

 

1. RIAA suit (must be in federal court):
a. Serve on 12 year old
b. Next door neighbor
c. Parent's house, while student is at school
d. Parents' house while in USA in Iraq
e. Friend's house - crashes there whenever in town
f. Vacation condo
g. Condo rented out while overseas for six mos.
h. Father
i. 13 year old brother
j. Housekeeper
k. Dog sitter

2. Suit to partition tenancies in common in Trump's Tallest
One dft lives in Northbrook
Second lives in Back Bay Boston
Third is LT2 with U.S. Army, special ops in Afghanistan
Fourth is a fugitive
1. Email
2. Website
3. FDX
4. TV broadcast
5. Drive a stake in the ground after demolition of Sun Times
6. Banner on Sun Times bldg
7. Employer
Domiciliary of IL, lived for 20 years in Beirut

3. IL service of process statute amended to include:

§ 2-203(a)(3). "or by any other means resulting in actual notice."

Daniel Allard sues Sarah Barnes in the Circuit Court of Cook County for intentional infliction of emotional distress, resulting from an oral exchange in Civil Procedure Class. Both are domiciliaries of Illinois.

Knowing that Barnes has a dog that periodically escapes from her yard, he wraps the summons and complaint in a pound of hamburger meat and leaves it on her back porch. Barnes' dog escapes and roams the neighborhood looking for food. The dog finds the package that Allard has prepared and takes it home to eat it. Barnes returns from class and sees the summons and complaint in the dog's bowl, where the dog left it after cleaning all the hamburger meat off of it. Shee reads it, and files a motion to dismiss on the grounds that the court lacks jurisdiction over her because the means of service was unconstitutional.