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Maranto v. Dillard National Bank
Citations: 230 F.R.D. 478; 2005 U.S. Dist. LEXIS 15655; 2005 WL 1839094Docket: No. CIV.A. 05-0348
Court: District Court, W.D. Louisiana; July 27, 2005; Federal District Court
A motion for an award of fees and costs related to service of process was filed by plaintiff John Maranto against defendant Dillard National Bank, which refused to waive service. Evidence provided, including exhibits and an affidavit from plaintiff’s counsel, indicated that the defendant had multiple opportunities to execute a waiver but declined to do so. Consequently, formal service was completed via a process server, and the defendant later filed an answer. The court noted that the defendant did not oppose the motion within the 15-day period allowed by the Clerk of Court. Under Federal Rule of Civil Procedure 4(d), defendants are required to avoid unnecessary costs associated with serving a summons. If a defendant fails to waive service without showing good cause, the court must impose the costs incurred for service. Dillard National Bank did not demonstrate good cause. The court approved the following costs as reasonable and compensable: $50 for the private process server, $9.66 for postage, and $28 for unspecified copy charges, given the lack of opposition and the likelihood that these copies were related to the service efforts necessitated by the refusal to waive. However, reimbursement for $11.14 spent on certified mail to deliver waiver requests was denied, as those costs were not incurred in effecting service after the waiver request. Plaintiff’s counsel requested compensation for 3.75 hours of attorney time related to various tasks, including preparing the motion. While the court could only award fees for time spent on the motion itself, not for prior service attempts, an estimated amount of $400 was deemed reasonable for the preparation and filing of the motion. As a result, the motion for fees and costs was granted, ordering Dillard National Bank to pay a total of $487.66 to the plaintiff, with evidence of payment required to be filed by August 19, 2005.