DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
BANCO POPULAR de PUERTO RICO,
5
5
Plaintiff,
5
1:09-cv-71
5
v.
5
5
ALBERT JURGEN, MERCEDES E. JURGEN, 5
EMMERY MCNAIRY, BARBARA B.
5
MCNAIRY, JORGE M. CAREW, DE’NEAN
5
COLEMAN-CAREW, AILEEN G. YATES, and5
LYNN R. JOSHUA,
5
5
Defendants. 5
__________________________________________5
TO:
Erik Woodbury, Esq.
ORDER DENYING PLAINTIFF’S MOTION FOR ENTRY OF DEFAULT
THIS MATTER is before the Court upon Plaintiffs’ Motion For Entry of Default
(Docket No. 22).  The time for filing a response has expired.
Plaintiff seeks entry of default against Defendant Emmery McNairy.  Plaintiff claims
that a copy of the summons and complaint was served upon Defendant Emmery McNairy
by serving “[h]is attorney in fact Albert Jurgen.”  Motion at 1.
While it is true that Fed. R. Civ. P. 4(e) allows service of process upon an individual
by “delivering a copy of [the summons and complaint] to an agent authorized by
Case: 3:09-cv-00143-CVG-GWC   Document #: 25   Filed: 06/09/10   Page 1 of 2
Banco Popular de Puerto Rico v. Jurgen
3:09-cv-143
Order Denying Plaintiff’s Motion For Entry of Default
Page 2
appointment or by law to receive service of process,” it is not at all evident from Plaintiff’s
motion whether the instrument appointing Albert Jurgen as Emmery McNairy’s attorney-
in-fact includes within its scope the authorization for Albert Jurgen to receive service of
process upon Emmery McNairy’s behalf.
Accordingly, it is now hereby ORDERED that Plaintiff’s Motion For Entry of
Default (Docket No. 22) is DENIED.
ENTER:
Dated: June 9, 2010
/s/ George W. Cannon, Jr.                           
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 3:09-cv-00143-CVG-GWC   Document #: 25   Filed: 06/09/10   Page 2 of 2