Porcher v. GoDaddy.com LLC et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Arthur Brud Porcher,
Plaintiff,
v.
GoDaddy.com LLC, et al.,
Defendants.
No. CV-25-03117-PHX-KML
ORDER
Plaintiff Arthur “Brud” Porcher filed his complaint on August 27, 2025, and his
amended complaint on September 11, 2025. (Docs. 1, 7.) The amended complaint alleges
defendant GoDaddy.com LLC is a “limited liability company with its principal place of
business” in Arizona. (Doc. 7 at 2.) On September 15, 2025, the court issued an order
requiring Porcher complete service of process no later than December 5, 2025. (Doc. 12 at
7.) On September 22, 2025, Porcher filed a notice stating he had served the First Amended
Complaint and the Waiver of Service form on GoDaddy by sending those documents “by
Priority Mail with signature confirmation . . . to its registered agent for service of process.”
(Doc. 18.) To date, GoDaddy has not responded to the complaint.
Assuming Porcher believes GoDaddy is located in Arizona, he has not provided
sufficient proof of service of process. “In Arizona, service by mail is an alternative form
of service, available in lieu of personal service.” Overstreet v. Lucid USA Inc., No. CV-24-
01356-PHX-DJH, 2024 WL 3966739, at *1 (D. Ariz. July 15, 2024) (simplified). Porcher
did not obtain leave to complete service by mailing, meaning service via mail was not
Case 2:25-cv-03117-KML Document 19 Filed 12/01/25 Page 1 of 2

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proper if GoDaddy is in Arizona. Ariz. R. Civ. P. 4.1(k) (alternative service authorized
only “on motion” by a party). If GoDaddy is not located in Arizona, Porcher’s proof of
service may be sufficient. Fed. R. Civ. P. 4.2(c).
If Porcher believes GoDaddy is located in Arizona, he must file proof of personal
service. If Porcher believes GoDaddy is not located in Arizona, he must file the proof of
mailing that identifies GoDaddy’s location. Failure to file proper proof of service will result
in dismissal of this suit under Federal Rule of Civil Procedure 4(m).
IT IS ORDERED no later than December 5, 2025, plaintiff shall file proper proof
of service.
Dated this 1st day of December, 2025.
Case 2:25-cv-03117-KML Document 19 Filed 12/01/25 Page 2 of 2