Lynch v. American Express

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Blake Lynch,
Plaintiff,
v.
American Express,
Defendant.
No. CV-25-04671-PHX-KML
ORDER
Plaintiff Blake Lynch filed a proof of service indicating that Lynch sent a “copy of
the Summons and Complaint” to defendant via certified mail. (Doc. 9 at 1.) Lynch later
applied for entry of default and defendant’s default was entered. (Docs. 14, 15.)
According to Rule 4(c), “[a]ny person who is at least 18 years old and not a party
may serve a summons and complaint.” Fed. R. Civ. P. 4(c)(2) (emphasis added); see also
Constien v. United States, 628 F.3d 1207, 1217 (10th Cir. 2010) (service improper because
mailings were done by plaintiff herself, “not by a nonparty, as required by Rule 4(c)”).
Because it appears Lynch personally mailed the summons and complaint, the service
reflected on the docket is insufficient. The default is vacated and Lynch must file proof of
proper service.
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Case 2:25-cv-04671-KML Document 16 Filed 02/04/26 Page 1 of 2

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Accordingly,
IT IS ORDERED the Entry of Default (Doc. 15) is VACATED.
IT IS FURTHER ORDERED no later than March 27, 2026, plaintiff shall file a
proof of service that complies with all applicable rules and laws.
Dated this 4th day of February, 2026.
Case 2:25-cv-04671-KML Document 16 Filed 02/04/26 Page 2 of 2