Clark v. Andover Securities

MEMORANDUM **

Wayne Morrison and Jinco Leasing (collectively “Defendants”) appeal the district court’s entry of default judgment. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I Discussion

Defendants argue that we must set aside the default judgment because Johnson’s service of process was improper and, alternatively, that their failure to respond was due to excusable neglect. We reject both arguments.

A. Service of Process Under Fed. R.Civ.P. 4(e)

Defendants, residents of Colorado, argue that Johnson’s service of process by certified mail did not comport with Colorado’s Rules of Civil Procedure and was thus insufficient to establish jurisdiction. The Federal Rules of Civil Procedure provide that service may be effected “in any judicial district of the United States pursuant to the law of the state in which the district court is located.” Fed.R.Civ.P. 4(e)(1). Johnson filed his complaint in the District Court for the Southern District of California. California authorizes service by certified mail. See Cal.Civ.Proc.Code §§ 415.30, 415.40. Process was, therefore, properly served on Defendants.

B. Culpable Conduct

Federal Rule of Civil Procedure 55(c)…