Motion Defendants' Motion for Acceptance of Service — No. 1:21-cv-00748 (Dkt. 21)

Summary

The defendants' motion for acceptance of service, filed October 19, 2021 as Document 21 in Natasha Athens d/b/a Favorite Things v. Bank of America and Megan Scholz, Civil Action No. 1:21-cv-00748-SM, in the U.S. District Court for the District of New Hampshire. Bank of America, N.A. and Megan Scholz state that the plaintiff filed the complaint on September 3, 2021, that service has not been completed and that the U.S. Marshals Service has had difficulty serving them. Their counsel states that he is authorized to accept service and asks the court either to forward the summonses and complaint to him or to have the U.S. Marshals serve him at his offices. The motion is signed /s/ by Thomas J. Pappas of Primmer Piper Eggleston & Cramer PC.

Summary drafted by a model from the text of the original file linked on this page and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

               Case 1:21-cv-00748-SM Document 21 Filed 10/19/21 Page 1 of 2




                               UNITED STATES DISTRICT COURT
                                DISTRICT OF NEW HAMPSHIRE

                                                       )
 NATASHA ATHENS d/b/a Favorite Things,                 )
                                                       )
           Plaintiffs,                                 )
                                                       )
 v.                                                    )   Civil Action No. 1:21-cv-00748-SM
                                                       )
 BANK OF AMERICA and MEGAN SCHOLZ,                     )
                                                       )
           Defendants.                                 )
                                                       )

                  DEFENDANTS’ MOTION FOR ACCEPTANCE OF SERVICE

          NOW COME Defendants Bank of America, N.A. (“BANA”), incorrectly named in the

plaintiff’s complaint as Bank of America, and Megan Scholz (“Scholz,” together with BANA the

“Defendants”), by their attorneys, Primmer Piper Eggleston & Cramer PC, and move the Court as

follows:

          1.      Plaintiff filed her complaint on September 3, 2021, naming BANA and Scholz as

defendants.

          2.      To date, plaintiff has not completed service of process on Defendants, and the U.S.

Marshals Service has had difficulty serving Defendants.

          3.      The undersigned counsel has been authorized by BANA and Scholz to accept

service of process on their behalf, and has simultaneously herewith filed an appearance on their

behalf.

          4.      In order to allow this matter to proceed, Defendants request that the Court either:

(a) forward the Summonses and Complaint to the undersigned counsel, who will file an acceptance

of service form after receipt of the Summonses and Complaint; or (b) have the U.S. Marshals serve

the Summonses and Complaint on the undersigned at his offices.


                                                   1
             Case 1:21-cv-00748-SM Document 21 Filed 10/19/21 Page 2 of 2




        5.      No memorandum of law is filed herewith because the granting of this motion is

within the sound discretion of the court.

        6.      Given the nature of this motion and the posture of the case, Defendants did not seek

the assent of the plaintiff.

        WHEREFORE, Defendants respectfully request that this Honorable Court:

        A.      GRANT this motion and allow Defendants to accept service through the

                undersigned counsel; and

        B.      Grant such other relief as the court deems just.

                                         Respectfully submitted,

                                         BANK OF AMERICA, N.A. and MEGAN SCHOLZ,

                                         By their attorneys,

                                         PRIMMER PIPER EGGLESTON & CRAMER PC

 Dated: October 19, 2021        By:      /s/ Thomas J. Pappas
                                         Thomas J. Pappas, Esq., (N.H. Bar No. 4111)
                                         P.O. Box 3600
                                         Manchester, NH 03105-3600
                                         (603) 626-3300
                                         tpappas@primmer.com

                                 CERTIFICATE OF SERVICE

      I hereby certify that a copy of the foregoing DEFENDANTS’ MOTION FOR
ACCEPTANCE OF SERVICE has this day been forwarded via the Court’s Electronic Case Filing
System to:

Natasha Athens      Natasha4NHGov@protonmail.com

Dated: October 19, 2021                        /s/ Thomas J. Pappas
                                              Thomas J. Pappas, Esq., (N.H. Bar No. 4111)




                                                  2


File and source

File

21-motion-defendants-motion-for-acceptance-of-service-filed-by.pdf

Size

22,893 bytes

SHA-256

5302ea694bd27cd98564e337fb621326c68d4810efbf5f4bef015adb6e88f4dc

Our copy

21-motion-defendants-motion-for-acceptance-of-service-filed-by.pdf

Original

archive.org