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McCurdy v. Cambridge School District No. 432

November 8, 2010

PATRICK A. MCCURDY, ON BEHALF OF SHAUNA MCCURDY AND HER ESTATE, PLAINTIFF,
v.
CAMBRIDGE SCHOOL DISTRICT NO. 432 DEFENDANT.



The opinion of the court was delivered by: Honorable B. Lynn Winmill Chief U. S. District Judge

MEMORANDUM DECISION AND ORDER

INTRODUCTION

The Court has before it Defendant's Motion to Dismiss, to Quash Service, and for Summary Judgment (Dkt. 7), and Motion to Strike Plaintiff's Response Brief and attached exhibits (Dkt. 17). The Court now issues the following Memorandum Decision and Order.

BACKGROUND

Patrick McCurdy brings this case for disability discrimination and reprisal against the Cambridge School District ("School District") on behalf of his wife Shauna McCurdy, who passed away on July 23, 2008. Compl. ¶¶ 1, 5. Before her death, Mrs. McCurdy taught English for two years for the School District. Id. ¶ 7. She also suffered from Chrug Strauss Syndrome, a rare vascular disease. Id. ¶ 8.

April 2008 saw the rapid onset of severe health problems for Mrs. McCurdy due to her disease. Compl. ¶ 12. The severity of the problems required her to take an extended medical leave of absence from her teaching position. Id. Mrs. McCurdy informed the principal at the school that she might not be able to return to her teaching duties before the end of the school year. Id. ¶ 13.

Almost immediately after Mrs. McCurdy sought medical leave, the principal prepared a negative performance evaluation of Mrs. McCurdy's performance as a teacher. Compl. ¶ 14. Soon after, the District, on recommendation of the principal, decided not to renew Mrs. McCurdy's employment for the following school year. Id.

In June 2008, the District paid the remaining months of Mrs. McCurdy's contract and terminated her medical insurance coverage, although her insurance should have continued through August 2008. Compl. ¶ 8.

ANALYSIS

As preliminary matters, Defendant argues that the Court lacks jurisdiction over it because Mr. McCurdy failed to properly serve the Summons and Complaint and that Mr. McCurdy is engaged in the unauthorized practice of law by bringing claims on behalf of the Estate of Mrs. McCurdy in a pro se capacity.

1. Motion to Quash Service of Process

Defendant moves to quash service of the Summons and Complaint because Mr. McCurdy failed to properly serve process on Defendant pursuant to Rule 4.*fn1 The parties do not contest that Mr. McCurdy served the Summons and Complaint to Defendant by certified mail.

Federal Rule of Civil Procedure 4 governs the required procedure for service of process. Service of process on a local government entity is addressed by Rule 4(j), which states:

A state, municipal corporation, or any other state-created governmental organization that is subject to suit must be served by: (A) delivering a copy of the summons and of ...


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