Hukill v. Oklahoma Native American Domestic Violence Coalition
542 F.3d 794 · Court of Appeals for the Tenth Circuit · 2008
Facts
Sheree L. Hukill was employed as a grant writer and staff attorney for the Oklahoma Native American Domestic Violence Coalition, operating under the name Spirits of Hope. Pauline Musgrove served as the executive director of Spirits of Hope and was also its registered agent for service of process. Hukill's employment with the organization was terminated in December 2004. Following her termination, Hukill initiated legal action against Spirits of Hope and Musgrove.
Procedural history
Ms. Hukill initially filed a state-court action, which she voluntarily dismissed before filing this federal-court action. After Hukill obtained a default judgment against Spirits of Hope and Ms. Musgrove, they moved to set it aside, arguing improper service. The district court denied their motion, finding substantial compliance with service requirements. Spirits of Hope and Ms. Musgrove then appealed the district court's ruling to the Tenth Circuit.
Issue
Did the district court err in denying the defendants' motion to set aside a default judgment by finding that the plaintiff's attempted service of process substantially complied with Oklahoma law, thereby establishing personal jurisdiction?
Holding
Yes, the Tenth Circuit reversed the district court's judgment, holding that the plaintiff's attempted service did not substantially comply with Oklahoma law, and therefore the default judgment was void for lack of personal jurisdiction.
Rule
Under Oklahoma law, service of process by certified mail requires delivery restricted to the addressee, and acceptance must be by an authorized person as defined by statute. The Oklahoma Supreme Court's "substantial compliance" rule for service of process means that a plaintiff fails to substantially comply when service is accepted or refused by an unauthorized person. Actual notice of the lawsuit does not cure a failure to substantially comply with the statutory requirements for service when an unauthorized person accepts it. A default judgment is void if there is no personal jurisdiction over the defendant.
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