No. 23A258

Tracy Nixon v. General Motors Corporation

Lower Court: Fifth Circuit
Docketed: 2023-09-21
Status: Presumed Complete
Type: A
Tags: due-process-clause fifth-amendment long-arm-statute personal-jurisdiction registered-agent service-of-process
Latest Conference: N/A
Question Presented (AI Summary)

Whether a federal district court properly exercised personal jurisdiction over an out-of-state defendant corporation where service of process was attempted pursuant to a state long-arm statute and the defendant failed to maintain a registered agent as required by state law, and whether such service comports with the Due Process Clause of the Fifth Amendment

Question Presented (OCR Extract)

UPON TEXAS LONG AR ARM STATUTE WICH SEVERAL STATUTE IN TEXAS PROVIDE. CERTIFICATE OF SERVICE T CERTIFY THAT A TRUE AND CORRECT COPY WILL BE SENT TO DEFENDANT ON SEPTEMBER 12, 2023 BY REGULAR MAIL THROUGH THE U.S, POSTAL SERVTCE AT DGENERAT. MOTGRS CORPORATTON GTORAT. HEADOUARTERS 3200 RENATSSANCE Ctr DETROIT,MI 48243 / rare . RESB FULLY SUBMITTED TRACY NIXON PRO SE 4415 S,MALCOLM X BLVD DALLAS TEXAS 75215 214-283-1739 United States Court of Appe. FIFTH CIRCUIT OFFICE OF THE CLERK LYLE W. CAYCE CLERK September 08, 2023 MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW: No. 22-40696 Nixon v. General Motors USDC No. 2:19-CV~287 Enclosed is an order entered in this case. Sincerely, LYLE W. CAYCE, Clerk Baie P86 By: Rebecca L. Leto, Deputy Clerk 504-310-7703 Mr. Tracy Nixon Mr. David O'Toole AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the EASTERN DISTRICT OF TEXAS MARSHALL DIVISION TRACY NIXON Cainiffi) vy. Civil Action No, 2!19-cv-00287-JRG GENERAL MOTORS CORPORATION SSS SS SS EO Defendant(s) SUMMONS IN A CIVIL ACTION To: (Defendant's name and address) GENERAL MOTORS CORPORATION GLOBAL HEADQUARTERS 300 RENAISSANCE Ctr DETROIT,MI 48243 A lawsuit has been filed against you, Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Ciy, P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney, whose name and address are: TRACY NIXON 4415 SOUTH MALCOLM x BLYD DALLAS TEXAS 75215 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. Date: A2/WWN9 AO 440 (Rev, 06/12) Summons ina Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 a) This summons for (name of individual and title, if any) was received by me on (date) Date: © I personally served the summons on the individual at (place) On (date) 3; OF © I left the summons at the individual’s residence or usual place of abode with (name) » 4 person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or © I served the summons on (name of individual) , Who is designated by law to accept set'vice of process on behalf Of (name of organization) On (date) ; or © I returned the summons unexecuted because 3; or O Other (specify): My fees are $ for travel and $ for services, for a total of $ 0.00 1 declare under penalty of perjury that this information is true. Server's signature

Docket Entries

2023-09-22
Application (23A258) denied by Justice Alito.
2023-09-12
Application (23A258) for a stay, submitted to Justice Alito.

Attorneys

Tracy Nixon
Tracy Nixon — Petitioner