Amy Holloway v. Terry-Thomas Ford of Blytheville LLC

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

AMY HOLLOWAY PLAINTIFF

v. No. 3:25-cv-42-DPM

TERRY-THOMAS FORD OF BLYTHEVILLE LLC DEFENDANT

ORDER Holloway’s motion for default judgment, Doc. 13, is denied. Default judgments are disfavored. Belcourt Public School District v. Davis, 786 F.3d 653, 661 (8th Cir. 2015). The Court is not convinced that Holloway has achieved good service on Terry-Thomas Ford of Blytheville LLC. Doc. 5. She says she served Terry-Thomas Ford by certified mail, return receipt requested. Ark. R. Civ. P. 4(g)(1)(A)(i). But the receipt must be signed by the addressee or its agent to show that the process was received. Ark. R. Civ. P. 4(g)(1)(A)(ii). Holloway’s affidavit confirms that Michael Terry is the dealership’s registered agent. Doc. 5 at 41. She has not established, however, that Michael Terry, or his agent, signed for the suit papers. The signature on the return receipt is illegible. And the person who signed didn’t print their name on the receipt.

Holloway’s ninety days to serve process has expired. But, given her efforts to so, the Court reopens and extends her time for service to 12 November 2025. Fed. R. Civ. P. 4(m). So Ordered.

D.P. Marshall Jr.’ United States District Judge

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