Belone v. Zurich American Insurance Company ( 2023 )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA JB BELONE, ET AL. CIVIL ACTION VERSUS ZURICH AMERICAN INSURANCE COMPANY, ET AL. NO. 22-00869-BAJ-SDJ RULING AND ORDER Having now answered Plaintiffs’ Petition For Damages, (see Doc. 19), Defendant Josue Alfaro Hernandez has made a general appearance, thereby waiving his prior objection to insufficient service of process. See City of Clarksdale v. BellSouth Telecommunications, Inc., 428 F.3d 206, 214 & n. 15 (5th Cir. 2005). Accordingly, IT IS ORDERED that Defendant Josue Alfaro Hernandez’s Motion To Dismiss Pursuant To Rule 12(b)(5) For Insufficiency Of Service Of Process And For Non-Compliance With Rule 4(m) (Doc. 9) be and is hereby DENIED. Baton Rouge, Louisiana, this 5th day of April, 2023 _____________________________________ JUDGE BRIAN A. JACKSON UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA