Maryland State Fireman's Association v. Chave

166 F.R.D. 353 (1996)

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Nature of the Case

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Facts

The Maryland State Fireman's Association (P) served Chaves (D) as President of the FireFighters Association of America (FAA) with a summons and complaint by first class mail on January 3, 1996. P sued D for illegal solicitation of charitable contributions to the FAA. D never returned the acknowledgment form. P's attorney then received three phone calls from a Mitchell Gold who purported to represent the FireFighters Association. D never answered, and P moved for a default. The default was entered by the clerk, but the court reviewed the type of service. P contends that this service was effective under Rule 4(c)(2)(C)(ii) which was superseded by Rule 4(d).