United States District Court, N.D. Georgia, Atlanta Division
OPINION AND ORDER
WILLIAM S. DUTFEY, JR. UNITED STATES DISTRICT JUDGE.
matter is before the Court on Defendant Chase Bank's
(“Defendant”) Motion to Dismiss  (the
“Motion”). The Motion is unopposed.
October 23, 2017, Plaintiff Carolyn Davis
(“Plaintiff”), proceeding pro se, filed
her Complaint containing one and half pages of conclusory,
vague factual and legal allegations. ( at 1-2). In it,
Plaintiff claims that, in 1997, Defendant provided Plaintiff
with a mortgage loan for $237, 000 for her new house.
(Id. at 2). Plaintiff alleges that, from 1997 to
present, Plaintiff paid $416, 497.20 to Defendant for the
mortgage loan. (Id.). Plaintiff states that
“Chase Bank is still illegally billing [her], ”
and maintains that she owes $354, 464.82 on the loan
(Id.). Plaintiff alleges that “Chase Bank is
still [p]resently extorting $2, 347.00 each month from the
[f]raud [m]odification.” (Id.). It appears
Plaintiff is referring to a loan modification that was agreed
to as part of a Chapter 13 bankruptcy proceeding entered into
by Plaintiff in June 2008. (Id.). Plaintiff asserts
violations of “Chapter 13 Laws and Discharge Law”
and “[r]epeated [v]iolations of [m]ortgage [l]oan
[f]raud and [p]redatory [l]ending.” (Id. at
1-2). Plaintiff seeks (1) the cancellation of her fraud
modification; (2) a mortgage discharge document provided by
Defendant; and (3) $2 million in damages. (Id.).
December 8, 2017, Defendant filed its Motion to Dismiss,
arguing that Plaintiff's Complaint should be dismissed
for insufficient service of process. Plaintiff did not file a
response and Defendant's motion is thus deemed unopposed.
See LR 7.1(B), NDGa.
plaintiff is responsible for serving the defendant with both
a summons and the complaint within the time permitted under
Rule 4(m).” Anderson v. Osh Kosh
B'Gosh, 255 F. App'x 345, 347 (11th Cir. 2006).
If a defendant is not served within 90 days after the
complaint is filed, the court-on motion or on its own after
notice to the plaintiff-must dismiss the action without
prejudice against that defendant or order that service be
made within a specified time. But if the plaintiff shows good
cause for the failure, the court must extend the time for
service for an appropriate period.
Fed. R. Civ. P. (4)(m); see Lepone-Dempsey v. Carroll
Cnty. Comm'rs, 476 F.3d 1277, 1281 (11th Cir. 2007).
The manner in which a corporation must be served is governed
by Rule 4(h) of the Federal Rules of Civil Procedure. It
(h) Serving a Corporation, Partnership, or Association.
Unless federal law provides otherwise or the defendant's
waiver has been filed, a domestic or foreign corporation, or
a partnership or other unincorporated association that is
subject to suit under a common name, must be served:
(1) in a judicial district of the United States:
(A) in the manner prescribed by Rule 4(e)(1) for serving an
(B) by delivering a copy of the summons and of the complaint
to an officer, a managing or general agent, or any other
agent authorized by appointment or by law to receive service
of process and-if the agent is one authorized by statute and
the statute so ...