TEXT ORDER: This matter is before the Court upon further review of Plaintiff's Motion for Default Judgment and Declaratory Judgment (DE 28 ), Plaintiff's supplemental submission in response to the Court's July 21, 2026 Order (DE 29 ), and the record. The Court's review identifies an unresolved issue concerning service on Defendant April J. Huggins. The docket reflects that Huggins was personally served with the original Summons and Complaint on December 14, 2025, and that her response was due January 5, 2026. The Proof of Service filed at DE 5-1 likewise states that personal service occurred on December 14, 2025; however, the return appears to have been executed and notarized on December 9, 2025, before the stated date of service.
That discrepancy is material to the Court's consideration of default judgment. Plaintiff subsequently filed an Amended Complaint on February 4, 2026. If Huggins was properly served with the original Summons and Complaint, failed to appear before the Amended Complaint was filed, and the Amended Complaint asserted no new claim for relief against her, Rule 5(a)(2) may render further service of the Amended Complaint unnecessary.
The Court also notes that Plaintiff's supplemental submission states that the "Amended Summons and Complaint" were published and relies upon DE 25-1 as establishing that service by publication was completed. Upon review, however, DE 25-1 appears to reflect publication of the Amended Complaint rather than the Amended Summons. The publisher's affidavit identifies the published material as the "Amended Complaint," and the attached newspaper pages appear to reproduce that pleading. South Carolina Code § 15-9-740 provides, among other things, that when service is made by publication, the summons must be published and the summons as published must state the time and place of filing of the complaint. The Court does not presently determine whether the attempted publication satisfied Rule 4 or South Carolina law because that issue may be unnecessary to resolution of DE 28 if the original personal service is established.
Accordingly, within seven (7) days of entry of this Text Order, Plaintiff shall file an amended proof of service or a supplemental affidavit or declaration from the process server confirming the date, place, and manner of service on Huggins and explaining or correcting the December 9/December 14 discrepancy. See Fed. R. Civ. P. 4(l)(3). The Court is not directing renewed service or republication at this time. If the process server cannot verify that personal service occurred on December 14, 2025, Plaintiff shall instead file a status report advising the Court of that fact and proposing the appropriate next step.
Plaintiff's Motion (DE 28) remains HELD IN ABEYANCE pending compliance with this Text Order.
IT IS SO ORDERED.
Signed by the Honorable Joseph Dawson, III on 9/8/2026. (lgib, )