Leonard v. Experian Information Solutions, Inc.

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:25-CV-00766-KDB-WCM
ANTHONY LEONARD,
Plaintiff,
v. MEMORANDUM AND ORDER
EXPERIAN INFORMATION
SOLUTIONS, INC.,
Defendant.
THIS MATTER is before the Court on Defendant’s Motion to Dismiss for Insufficient
Service of Process (Doc. No. 11). For the reasons discussed briefly below, the Court will deny the
motion and extend Plaintiff’s time for service based on pro se Plaintiff’s good faith attempt at
service.
On December 15, 2025, Plaintiff timely and properly served on Defendant Experian
Information Solutions, Inc.’s registered agent a copy of the Civil Summons, Certificate of
Settlement Conference, and a standing order, but did not include a copy of the Complaint along
with these documents. Therefore, full service has not been effected in accordance with Fed. R.
Civ. Proc. 4(c)(1), even though Experian has actual knowledge of the action and likely long ago
obtained a copy of the Complaint, which is publicly available.
Rule 1 of the Federal Rules of Civil Procedure provides that the rules should be “employed
by the court and the parties to secure the just, speedy and inexpensive determination of every action
and proceeding.” While it is doubtful that Experian’s motion to dismiss in these circumstances
involving a pro se plaintiff furthers these aspirations, Experian is correct that proper service must
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be made. However, dismissal of this action based on either Plaintiff’s oversight or lack of
knowledge of the rules in leaving the Complaint out of the service package would not be just.
Therefore, pursuant to Fed. R. Civ. Proc. 4(m), the Court will deny Defendant’s motion, direct the
Parties to promptly discuss the possibility of a waiver of service or other means of expeditious
service by consent (such as email) and extend the period for service by 30 days to provide time for
Plaintiff to serve the Complaint in the event the parties are unable to agree on service.
ORDER
NOW THEREFORE IT IS ORDERED THAT:
1. Defendant’s Motion to Dismiss is (Doc. No. 11) is DENIED without prejudice;
2. The Parties are directed to promptly discuss whether Defendant will agree to waive
service of the Complaint or accept service in some expeditious and inexpensive
manner; and
3. The time for Plaintiff to effect service is extended until 30 days from the date of
this Order pursuant to Federal Rule of Civil Procedure 4(m).
SO ORDERED ADJUDGED AND DECREED.
Signed: April 9, 2026
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