IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
March 25, 2011
COMMUNICATION WORKERS OF AMERICA, ET AL.
The opinion of the court was delivered by: Fullam, Sr. J.
Plaintiff is suing the defendants for alleged racial discrimination in her treatment during her employment. The defendants have filed a motion to quash the attempted service of process upon them.
As I understand it, the defendants contend that service was defective because it was made by registered mail, but without requiring a return receipt for the mail. This may well be correct, but I have concluded that the defendants waived the technical defect. In support of their motion to quash the service, defendants have included a sworn declaration of one of their employees, Kathleen Morrone, which established that the defendants did actually receive the summons, a copy of the complaint, etc. In my opinion, this declaration is, at the very least, equivalent to a return receipt for the documents.
The motion to quash will be denied.
BY THE COURT:
John P. Fullam, Sr. J.
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