ecobee, Inc. v. eMonkey et al. (D. Mass. 21-cv-10535).

Judge Sorokin denied ecobee’s motion for default judgment without prejudice.  Ecobee asserted that it served the complaint by sending a copy of the complaint and summons on eMonkey by FedEx, signature required, and that the package was received and signed for by a receptionist at eMonkey’s Plano address.  Judge Sorokin determined that service by FedEx was not shown to be in compliance with Fed. R. Civ. P. 4. 

I note that ecobee immediately refiled their motion for default judgment, stating that their service was proper under Massachusetts and First Circuit law, so eMonkey is not off the hook just yet.

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