Blake Lynch v. American Express

D. Arizona

Blake Lynch v. American Express

DecidedFebruary 4, 2026

Docket2:25-cv-04671

StatusUnknown

This text of Blake Lynch v. American Express (Blake Lynch v. American Express) is published on Counsel Stack Legal Research, covering District Court, D. Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Blake Lynch v. American Express, (D. Ariz. 2026).

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Blake Lynch, No. CV-25-04671-PHX-KML

10 Plaintiff, ORDER

11 v.

12 American Express,

13 Defendant. 14 15 Plaintiff Blake Lynch filed a proof of service indicating that Lynch sent a “copy of 16 the Summons and Complaint” to defendant via certified mail. (Doc. 9 at 1.) Lynch later 17 applied for entry of default and defendant’s default was entered. (Docs. 14, 15.) 18 According to Rule 4(c), “[a]ny person who is at least 18 years old and not a party 19 may serve a summons and complaint.” Fed. R. Civ. P. 4(c)(2) (emphasis added); see also 20 Constien v. United States, 628 F.3d 1207, 1217 (10th Cir. 2010) (service improper because 21 mailings were done by plaintiff herself, “not by a nonparty, as required by Rule 4(c)”). 22 Because it appears Lynch personally mailed the summons and complaint, the service 23 reflected on the docket is insufficient. The default is vacated and Lynch must file proof of 24 proper service. 25 / 26 / 27 / 28 / 1 Accordingly, 2 IT IS ORDERED the Entry of Default (Doc. 15) is VACATED. 3 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. 5 Dated this 4th day of February, 2026. 6

Honorable Krissa M. Lanham 9 United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Blake Lynch, No. CV-25-04671-PHX-KML

10 Plaintiff, ORDER

11 v.

12 American Express,

13 Defendant. 14 15 Plaintiff Blake Lynch filed a proof of service indicating that Lynch sent a “copy of 16 the Summons and Complaint” to defendant via certified mail. (Doc. 9 at 1.) Lynch later 17 applied for entry of default and defendant’s default was entered. (Docs. 14, 15.) 18 According to Rule 4(c), “[a]ny person who is at least 18 years old and not a party 19 may serve a summons and complaint.” Fed. R. Civ. P. 4(c)(2) (emphasis added); see also 20 Constien v. United States, 628 F.3d 1207, 1217 (10th Cir. 2010) (service improper because 21 mailings were done by plaintiff herself, “not by a nonparty, as required by Rule 4(c)”). 22 Because it appears Lynch personally mailed the summons and complaint, the service 23 reflected on the docket is insufficient. The default is vacated and Lynch must file proof of 24 proper service. 25 / 26 / 27 / 28 / 1 Accordingly, 2 IT IS ORDERED the Entry of Default (Doc. 15) is VACATED. 3 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. 5 Dated this 4th day of February, 2026. 6

Honorable Krissa M. Lanham 9 United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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