Multiple Choice from 2007 Civ Pro Exam
1. P (a citizen of New York) files a complaint against D (a citizen of Wisconsin) in the Federal District Court for the Southern District of New York. P’s suit is for violation of federal securities laws that occurred in Wisconsin. D has never been to the state of New York and has never had any contact with the state. P hires a process server to serve D in Wisconsin. After knocking on the door of D’s home and finding no one there, the server affixes the summons and complaint to D’s front door. This manner of service is valid under New York law but not under Wisconsin law. D makes a pre-answer motion to dismiss for insufficient service of process. Which of the following is most accurate?
a. D’s motion should succeed. Under Hanna v. Plumer, the federal service rule applies.
b. D’s motion should succeed. Because P’s action has federal question subject matter jurisdiction, the federal service rule applies.
c. D’s motion should succeed. D must be served within the state of New York.
d. D’s motion should succeed. Since the federal service rule was not satisfied, service must be in accordance with Wisconsin law – the law of the state where D was served.
e. D’s motion should not succeed.
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