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Stephani Lewis v. Communication Workers of America

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


March 25, 2011

STEPHANI LEWIS
v.
COMMUNICATION WORKERS OF AMERICA, ET AL.

The opinion of the court was delivered by: Fullam, Sr. J.

MEMORANDUM

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.

20110325

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