Opinion

Campbell v. Helmerich & Payne, Inc.

Court
District Court, M.D. Louisiana
Filed
Jan 14, 2025
Cited by
0 cases
Authority
More cited than 33.6%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

DYLAN CAMPBELL CIVIL ACTION

VERSUS 23-2-SDD-RLB

HELMERICH & PAYNE, INC. ET AL

RULING

Before the Court is the Motion to Dismiss for Lack of Proper Service1 filed by

Defendant GEP Haynesville, LLC (“GEP”). Plaintiff Dylan Campbell (“Plaintiff”) filed an

Opposition,2 to which Defendant filed a Reply.3 For the reasons that follow, the Motion

will be denied.

I. BACKGROUND

GEP was named as a defendant in the Amended Complaint4 filed by Plaintiff for

personal injuries he allegedly sustained due to a well explosion during his employment.

GEP is alleged to be the owner and operator of the subject well site.5

About two months after the filing of the Amended Complaint, GEP, alleged to be

and identified as an LLC, filed the instant Motion pursuant to Federal Rule of Civil

Procedure (“Rule”) 12(b)(5) seeking dismissal of the claims against it due to improper

service of process.6 GEP maintains Plaintiff attempted to effectuate service on an

individual who is neither an employee nor the agent for service of process of GEP.7

1 Rec. Doc. 69.

2 Rec. Doc. 73.

3 Rec. Doc. 77.

4 Rec. Doc. 48.

5 Id. at ¶ 13.

6 Rec. Doc. 69.

7 Id. at p. 1.

II. LAW AND ANALYSIS

A. Rule 12(b)(5)

If a plaintiff fails to properly effectuate service, the defendant may seek to dismiss

the plaintiff's complaint under Rule 12(b)(5).8 “A motion to dismiss pursuant to Rule

12(b)(5) turns on the legal sufficiency of the service of process.”9 Rule 12(b)(5) is

applicable to challenges regarding “the mode of delivery or the lack of delivery of the

summons and complaint.”10 The burden of demonstrating the validity of service when an

objection is made lies with the party making service.11 “The district court has broad

discretion in determining whether to dismiss an action for ineffective service of process.”12

B. Discussion

GEP seeks dismissal due to Plaintiff’s failure to effectuate proper service in a timely

manner. Rule 4(m) provides: “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.”13 The Fifth Circuit has explained that “even if good cause for

failure to serve does not exist, the court may in its discretion decide whether to dismiss

the case without prejudice or extend time for service.”14

8 See Fed. R. Civ. P. 12(b)(5) (authorizing a court to dismiss a civil action when service of process is

inadequate).

9 Ceasar v. Louisiana Bd. of Ethics, No. 17-562, 2018 WL 2090184, at *4 (M.D. La. May 4, 2018) (quoting

Holly v. Metro. Transit Auth., 213 Fed.Appx. 343, 344 (5th Cir. 2007)).

10 Hodge v. Layrisson, No. 97-555, 1998 WL 564263, at *2 (E.D. La. Sept. 1, 1998) (quoting Wright & Miller,

Federal Practice & Procedure: Civil 2d § 1353).

11 Id. (citing Holly, 213 Fed. Appx. at 344).

12 Trimble v. Strength, No. CV 20-355-JWD-SDJ, 2022 WL 636729, at *2 (M.D. La. Jan. 25, 2022) (quoting

George v. U.S. Dep't of Labor, Occupational Safety & Health Admin., 788 F.2d 1115, 1116 (5th Cir. 1986)).

13 Fed. R. Civ. P. 4(m).

14 Trimble, 2022 WL 636729, at *3 (citing Thompson v. Brown, 91 F.3d 20, 21 (5th Cir. 1996)).

GEP argues Plaintiff’s attempted service on it was legally insufficient. Rule 4(h)

authorizes the following means for serving limited liability companies in judicial districts

within the United States:

(A) in the manner prescribed by Rule 4(e)(1) for serving an individual; or

(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 requires – by also mailing a copy of each to

the defendant[.]15

Rule 4(e)(1), in turn, authorizes service as permitted by state law.16 Article 1266 of

the Louisiana Code of Civil Procedure, which governs service on limited liability

companies, authorizes personal service on the entity’s agent for service of process.17

Article 1266 also allows other methods “[i]f the limited liability company has failed to

designate an agent for service of process, if there is no registered agent by reason of

death, resignation, or removal, or if the person attempting to make service certifies that

he is unable, after due diligence, to serve the designated agent[.]”18

GEP argues it has not been properly served because Plaintiff attempted service

on an individual named Jarrad Cormier (“Cormier”), who is not GEP’s agent for service of

process, and because the Summons19 contained an incorrect address.20 In response,

Plaintiff contends GEP “seem[s] to be obscuring the corporate entity from the reach of

this Court. The [P]laintiff requested a summons for the officer of GEP in its business profile

15 Fed. R. Civ. P. 4(h)(1).

16 Fed. R. Civ. P. 4(e)(1).

17 La. Code Civ. Proc. art. 1266(A).

18 La. Code Civ. Proc. art. 1266(B).

19 Rec. Doc. 50.

20 Rec. Doc. 69-1, p. 1.

with the Louisiana Secretary of State: Margaret W. Molleston at 1425 Lake Front Circle,

The Woodlands, TX 77380[.]”21

As the Eastern District of Louisiana once observed under analogous

circumstances, “[a]s a practical matter, the Court observes that it appears that all the

people who need to know about this lawsuit know about it, so the technical defects in the

summons and service emphasized by [D]efendant[ ] work no actual prejudice upon [it].

That being said, however, it does not excuse [P]laintiff from comporting with the

requirements of Rule 4.”22

Plaintiff’s attempt at serving GEP appears technically improper; although Plaintiff

argues it requested service on “the officer of GEP in its business profile with the Louisiana

Secretary of State[,]” Plaintiff makes clear that service was actually made on and

accepted by Cormier. Plaintiff avers Cormier “represented that he was ‘senior counsel’”

for GEP.23 However, Rule 4(h) does not authorize service on a limited liability company’s

senior counsel. Accordingly, Plaintiff has not met his burden of showing that Cormier was

an individual authorized to accept service on behalf of GEP.

Nevertheless, the Court, exercising its broad discretion, declines to dismiss

Plaintiff’s claims regardless of whether good cause exists for any defects in service.24

GEP filed its Motion only two months after Plaintiff filed the Amended Complaint. GEP

has not shown, or even suggested, any prejudice resulting from the alleged defects in

service, and the Court will not grant a dismissal on the basis of such a technicality.

21 Rec. Doc. 73, p. 3.

22 Shell W. E&P, Inc. v. Dia-Log Co., No. 97-0360, 2000 WL 805231, at *2 (E.D. La. June 21, 2000).

23 Rec. Doc. 73, p. 2. See also Rec. Doc. 65, p. 2 (Proof of Service).

24 See Thompson, 91 F.3d at 21: “If good cause is present, the district court must extend time for service.

If good cause does not exist, the court may, in its discretion, decide whether to dismiss the case without

prejudice or extend time for service.”

Accordingly, GEP and Plaintiff are to agree on the proper party to serve and the

correct address to name in the Summons, and Plaintiff shall correspondingly serve GEP

within two weeks of the entry of this Ruling.

III. CONCLUSION

For the foregoing reasons, the Motion to Dismiss for Lack of Proper Service25 is

DENIED. Plaintiff Dylan Campbell and Defendant GEP Haynesville, LLC are ordered to

confer and reach an agreement of GEP’s correct information for service of process, and

Plaintiff is to make proper service no later than two weeks after the entry of this Ruling.

IT IS SO ORDERED.

Baton Rouge, Louisiana, this 1_4_th_ day of ______Ja_n_u_a_ry_____, 2025.

S

________________________________

SHELLY D. DICK

CHIEF DISTRICT JUDGE

MIDDLE DISTRICT OF LOUISIANA

25 Rec. Doc. 69.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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