DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
ANTONIA HARVEY,
5
5
Plaintiff,
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2007-CV-0115
v.
5
5
SAV-U-CAR RENTAL, TOYOTA MOTOR
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COMPANY, BRENDALYN STEVENS,
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ABC CORPORATION, and SIMEON
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CLERCENT,
5
5
Defendants.
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__________________________________________5
TO:
Martial A. Webster, Sr., Esq.
Rachelle Shocklee, Esq.
Simone R.D. Francis, Esq.
Amelia B. Joseph, Esq.
ORDER
THIS MATTER came before the Court upon Plaintiff’s Motion For Service by
Certified Mail (Docket No. 70) and Motion to Deem Conceded Plaintiff’s Motion For
Service by Certified Mail (Docket No. 71).  This order is issued without necessity of
response.
Having reviewed the said motions and upon due consideration thereof, the Court
finds that substituted service is not warranted under the circumstances.  Counsel for
Plaintiff represents that he has been in contact with Defendant Brendalyn Stevens and
Case: 1:07-cv-00115-RLF-GWC   Document #: 72   Filed: 09/08/09   Page 1 of 2
Harvey v. Sav-U-Car Rental
2007-CV-0115
Order
Page 2
knows where she resides.  Thus, Plaintiff is capable of effectuating personal service
pursuant to the rules.  As it is apparent that Plaintiff desires to avoid the cost of such
personal service, the Court directs Plaintiff to comply with Fed. R. Civ. P. 4(d) regarding
waiver of service of process.
Accordingly, it is now hereby ORDERED:
1.
Plaintiff’s Motion For Service by Certified Mail (Docket No. 70) is DENIED.
2.
Plaintiff’s Motion to Deem Conceded Plaintiff’s Motion For Service by
Certified Mail (Docket No. 71) is DENIED.
ENTER:
Dated: September 8, 2009
/s/ George W. Cannon, Jr.                           
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:07-cv-00115-RLF-GWC   Document #: 72   Filed: 09/08/09   Page 2 of 2