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Racketeer/Corrupt Organization | Puerto Rico
Order on Motion for Miscellaneous Relief
ORDER granting 9 Plaintiff's Motion for Alternative or Substitute Service of Elif Kalkan. Plaintiff requests this Court grant its request to affix the summons and Plaintiff's Complaint to the door of Defendant Elif Kalkan's residence in Spring, Texas. Under Rule 4(e)(1) of the Federal Rules of Civil Procedure, an individual can be served in accordance with the state law for service "following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made." Fed. R. Civ. P. 4(e)(1). In Texas, Rule 106(b)(2) of the Texas Rules of Civil Procedure permits substitute service "in any other manner... [that] will be reasonably effective to give the defendant notice of the suit." Tex. R. Civ. P. 106(b)(2).Texas district courts have affirmed that posting summons to defendant's door is an adequate form of substitute service. See, e.g., Cairns v. Lakeview Shopping Plaza, Inc., No. 22-CV-834-SDJ-KPJ, 2023 WL 3646063, at *3 (E.D. Tex. May 25, 2023) ("Where personal service has been unsuccessful, a typical course is to post the summons and copy of the complaint to the front door or gate of the property itself,... as it is readily apparent the occupant of the property will see the posted summons and copy of the complaint."); United Wisconsin Ins. Co. v. M J D Logistics, Inc., No. 23-CV-00314-DCG, 2023 WL 8813566, at *3 (W.D. Tex. Dec. 20, 2023). To this effect, Plaintiff has provided a statement under penalty of perjury that the Spring, Texas address is a place where Defendant can be found. See (Docket No. 9-1). The statement also lists, with specific dates and times, the separate occasions where Plaintiff attempted personal service but was unsuccessful. (Id.). As such, this Court GRANTS Plaintiff's request. Plaintiff is HEREBY AUTHORIZED to serve process on Defendant Elif Kalkan by affixing copies of the summons, the operative complaint, and this Order to the front door of 8007 Royal Crest Court, Spring, Texas 77379. Plaintiff shall file proof of such service on the docket within fourteen (14) days of completion. Signed by Judge Gina R. Mendez-Miro on 7/23/2026. (GMN)
Contract: Negotiable Instrument | Texas Northern
Order on Sealed and/or Ex Parte Motion
ELECTRONIC ORDER:
Before the Court is Plaintiff Wilmington Trust Company's Motion to Modify Timing on Court Order (the "Motion") (Doc. No. 64). Having carefully considered the same, the Court finds good cause for the requested extension of time. See Fed. R. Civ. P. 6(b)(1)(A). Accordingly, the Court GRANTS the Motion. The parties shall file the necessary dismissal papers by December 1, 2026.
(Ordered by Judge Ed Kinkeade on 7/23/2026) (chmb)
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