From what I seen so far with the Redhawk v N95 case, the defendant N95 is going the route
of hey we were never notified or the dog ate my mail excuse that didn't work in high school
but they are still going that route.
Well here is the necessary and approved method that is used in Louisiana, Long-Arm Service
(Details below) and not only did the company send notification but :
On January 12, 2023, JAMS provided written notice to all parties of the scheduling of a final
status teleconference on February 15, 2023, and also notice of the arbitration hearing on
February 22, 2023.
FYI: JAMS,, Judicial Arbitration and Mediation Services, Inc. was the agreed route by
both parties to be used in case of a dispute.
Procedural background
[9].
On May 20, 2022, Claimant RedHawk Medical Products & Services, LLC filed with JAMS its Request for Arbitration for a breach-of-contract claim against Respondent N95 Shield LLC. Counsel for RedHawk later filed a certificate of service attesting to serving on June 7, 2022, a demand for arbitration on N95 Shield "via Federal Express, Tracking Number, 7770 6560 0379, addressed to 1635 E. Orange Wood Street, Gilbert, Arizona 85296." A package with that tracking number was delivered by FedEx to that address on June 8, 2022. Ex. F.
[10].
On July 8, 2022, RedHawk submitted its "Amended Claim." In that document, RedHawk’s counsel attested: "A copy of this Amended Claim was sent to N95 via Federal Express, Tracking Number 7773 37826291 on July 8, 2022." A package with that tracking number was delivered by FedEx to Matt Miller, N95 Shield, LLC, 1635 E Orangewood St., Gilbert, Arizona 85296-2627 on July 11, 2022. Ex. G. RedHawk requested that the arbitration proceedings be commenced immediately based on N95 Shield’s alleged refusal or neglect to participate in the proceedings.
[11].
After the appointment of the undersigned arbitrator, JAMS provided written notice to all parties on November 30, 2022, of the scheduling of a preliminary arbitration management teleconference on January 11, 2023.
[12].
A preliminary conference was conducted on January 11, 2023. RedHawk appeared through counsel but N95 Shield did not appear. See Report of Preliminary Conference and Scheduling Order No. 1. The undersigned arbitrator determined that as of the date of the order, N95 Shield had failed to participate in the arbitration process, and that N95 Shield likely would not participate in the hearing. Accordingly, the hearing was scheduled to be conducted on February 22, 2023 at the offices of The Toce Firm, APLC, 969 Coolidge Blvd., Lafayette, Louisiana 70503. See id. at ¶ 9(a); JAMS Streamlined R. 14(b). Due to the nonappearance and nonparticipation of N95 Shield, the parties were required to serve all documents on opposing counsel in accordance with Rule 5(e) of the JAMS Streamlined Arbitration Rules & Procedures, i.e.:
For documents that are not filed electronically, service by a Party under these Rules is effected by providing one signed copy of the document to each Party and two copies to JAMS. Service may be made by hand-delivery, overnight delivery service or U.S. mail. Service by any of these means is considered effective upon the date of deposit of the document....
[13].
On January 12, 2023, JAMS provided written notice to all parties of the scheduling of a final status teleconference on February 15, 2023, and also notice of the arbitration hearing on February 22, 2023.
Methods Of Making Long-Arm Service:
Long-Arm Service on a Non-Resident of Louisiana (Inside the USA)
A sheriff in Louisiana is only authorized to make service of process within the state of Louisiana. The Clerk of Court where the petition has been filed will not arrange service on out-of-state defendants. It is the responsibility of the petitioner to arrange service.
How to Accomplish Long-Arm Service
Step 1: First, a certified copy of the petition and the citation should be obtained from the Clerk of Court. The filing party is responsible for obtaining a certified copy of their pleading or other document from the Clerk of Court to provide to the other party. There is a small fee for getting a certified copy from the court.
Step 2: Second, the filing party should send the certified copy to the out-of-state party. The filing party must send the certified copy in one of the following ways:
by registered or certified U.S. Mail or commercial courier;
by an officer authorized to make service where the defendant resides; or
by a private process server authorized by the Court.
By Registered or Certified U.S. Mail or Commercial Courier
Long-arm service by registered or certified U.S. mail must be properly addressed to the party at their place of domicile or postal address and mailed with proper postage. This type of service may also be accomplished by use of a commercial courier such as FedEx or UPS. Whether a commercial courier or the U.S. Postal Service is used, a proof of delivery receipt or a delivery confirmation is required.
When service is accomplished by registered or certified U.S. Mail or commercial courier, an Affidavit of Long-Arm Service must be prepared and filed with the Court.
If service was accomplished with registered or certified U.S. Mail, the Affidavit of Long-Arm Service must state that the filing party mailed process to the defendant, enclosed in an envelope with proper postage and properly addressed; identify the contents (citation and certified copy of the petition) of the envelope; and the date it was deposited in the U.S. mail. The U.S. Mail return receipt card (green card) must be attached to the affidavit.
If you utilized the services of a commercial courier to make delivery of the process to the defendant, the Affidavit of Long-Arm Service must state the name of the commercial courier; the date; the address at which the process was delivered to the defendant. To this affidavit, the commercial courtier’s confirmation of delivery must be attached.
The procedural process was followed to the letter so now at least with this case it is simply a matter of waiting for the oral argument on 1/17/2024 at 10:00 AM in Lafayette, Courtroom 1 before Judge David C Joseph. Signed by Judge David C Joseph on 12/13/2023. (crt,LaCombe, L)
$$$.I'm not sure if the ruling will happen on that day but is doesn't sound like N-95 has any legal ground to stand on at all.$$$
D_DOG
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