United States District Court for the District of Maine
141 F.R.D. 222 (D. Me 1992)
Joseph Quigley (defendant) grew up on Cayuga Heights Road in Ithaca, New York. Quigley attended college in Maine. Subsequently, Quigley’s parents moved to a house on Iradell Road in Ithaca, without a bedroom for Quigley. Quigley spent the summer there, but slept on a cot in the basement. Quigley then joined the Military Sealift Command and spent much of his time at sea. Quigley changed his address to his grandparents’ address in Florida. Quigley voted and filed income tax returns in Florida. In June of 1988, Cox (plaintiff), acting through her lawyer, tried to serve process on Quigley at his parents’ house on Iradell Road. Quigley’s father refused to accept service and informed Cox’s lawyer that Quigley did not live there. Cox’s lawyer again attempted to serve Quigley by having the sheriff leave process with his father and mailing a copy to the house, pursuant to [current Federal Rule of Civil Procedure (FRCP) 4(e)(2)], which allows for service by leaving process with an adult residing at the defendant’s usual place of abode. The father’s lawyer returned service, indicating that Quigley’s father would not accept service on Quigley’s behalf. Quigley did not appear, and default judgment was entered against him. Quigley moved to have the default vacated, alleging that the court lacked personal jurisdiction over him due to inadequate service. Quigley himself was not a credible witness regarding his residence in June 1988. Though not relevant to that determination, there was evidence that after that date, Quigley continued to maintain a New York driver’s license; transacted business using the Iradell Road address; had his mother manage his affairs from New York; and when not on the ship, split his time between the homes of his parents in New York, grandparents in Florida, sister in Maine, and other locations.
Rule of Law
Holding and Reasoning (Hornby, J.)
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