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Fagan v. Beaston2/25/2005
from Plaintiffs or moved without leaving a forwarding address, she, in effect, waived further notice.
III.
As to the second issue, whether it makes a difference that Plaintiffs' file their affidavits of service late, the court is troubled by Plaintiffs' lackadaisical approach to their own case. First, they waited until almost the last minute to file suit. After they finally invoked the "long-arm" statute, they ignored its deadline for filing their affidavits.
Nevertheless, Lightburn v. Delaware Power & Light Co. addresses failure to file an affidavit of service on time. Lightburn still stands for the proposition that the failure to file the required affidavit does not amount to a failure of service. "Proof of service is no part of the service itself." Because the court sees no harm caused by Plaintiffs' delayed filing of their affidavits, other than to the court's management of its civil docket, there is no reason to allow Defendant to stand on that technicality.
IV.
For the foregoing reasons, Beaston's Motion to Dismiss based on incomplete service of process is DENIED. The court cautions Plaintiffs that it expects them to take the court's tone seriously. If, through their inaction, Plaintiffs give the court reason to dismiss this case for failure to prosecute, the court will act. In other words, the court expects Plaintiffs to get cracking.
IT IS SO ORDERED.
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