Carlson v. Metmor Financial, Inc.

*80MEMORANDUM OPINION

Pursuant to Fed. R. Civ. P. 12(b)(5), the defendant has moved to dismiss the complaint on the grounds that service of process was insufficient under Rule 4(d)(3). The motion will be denied, as will the plaintiff’s responsive motion for Rule 11 sanctions.

Facts

On September 12, 1990, the plaintiff’s process server, Jacqueline Smith-Anderson, arrived at the defendant’s office at La Reine Shopping Center in order to serve the summons and complaint upon the defendant, Metmor Financial Corp. It is undisputed that Jim Main, the branch manager for Metmor, was out on sick leave;…