Plaintiff Hires Process Server to Properly Serve His Complaint After Judge’s Scolding
Pro se plaintiff Lucas Horton ordered a process server to send his Telephone Consumer Protection Act complaint via certified mail July 13 to the defendant Democratic Victory Fund (DVF) PAC, but he hasn’t received the certified return mail receipt from…
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the postal service, said Horton’s filing Monday (docket 3:22-cv-02913) in U.S. District Court for Northern Texas in Dallas. Horton plans to file a motion for default judgment against DVF once he receives the receipt, said his filing. U.S. Magistrate Judge Rebecca Rutherford, in a July 10 signed order, scolded Horton for the improper service of his complaint on DVF by mailing the defendant the complaint himself. “Federal and Texas rules state that under no circumstances is a party permitted to themselves serve the defendants,” said her order. Horton’s Dec. 29 complaint alleges the fundraising and telemarketing frenzy to support Sen. Raphael Warnock, D-Ga., in his Dec. 8 runoff against Republican Herschel Walker caused DVF to violate the TCPA when it inundated the public with thousands of texts a day to people who aren’t registered to vote, or aren’t of voting age (see 2301030001). The DVF came in default when it failed to answer Horton’s complaint by April 17.