Claiming that process servers have been unable to serve Christopher Boyle (Mike Boyle’s son) and that Mike Boyle, doing business as Surface Dynamix, had “threatened to shoot to kill the process servers,” GlasWeld’s attorneys have asked the U.S. District Court of Oregon, Eugene division, to allow alternative service on Christopher Boyle, including service via first-class mail and certified mail with return receipt requested in the alleged patent infringement case. The attorneys also seek to serve Christopher Boyle via a “publication of general circulation in Deschutes County, Oregon.”
“Counsel for plaintiff GlasWeld Systems certify they have conferred by telephone with defendant Michael Boyle on the issues which are the subject of this motion. The parties have been unable to reach agreement,” according to court documents filed Tuesday, August 27, 2013.
“… GlasWeld has unsuccessfully attempted to serve the first amended complaint on defendant Christopher M. Boyle at all known business and personal addresses,” attorneys write in the court documents. “Christopher M. Boyle’s father, defendant Michael P. Boyle, has now threatened to shoot and kill the process servers who were engaged to effectuate service on Christopher M. Boyle. Accordingly, GlasWeld requests that the court enter an order allowing alternative service on Christopher M. Boyle, including service via first-class mail and certified mail, return receipt requested to Christopher M. Boyle’s last known addresses and to the residence of his father, Michael P. Boyle, where Christopher Boyle has been observed to spend a significant amount of time, and service via publication in a publication of general circulation in Deschutes County, Oregon, where Christopher Boyle is believed to reside.”
The attorneys claim Mike Boyle has told them that Christopher Boyle “no longer works for Surface Dynamix.”
“GlasWeld has no knowledge with regard to Christopher Boyle’s current employment status and has no knowledge of an office at which to serve Christopher Boyle. Accordingly, personal, substituted or office service cannot be accomplished,” GlasWeld’s attorneys claim.
In support of their motion for alternative service on Christopher Boyle, GlasWeld’s attorneys also submitted a declaration of process server Tom McCallum, owner of TMI Investigations.
“I have been a private investigator in Oregon for almost 30 years and have done work with numerous clients, including Marion County Legal Counsel where I performed internal investigations in conjunction with the Marion County Sheriff’s department, the City of Salem Risk Management Department and the Douglas County District Attorney’s Office,” according to court documents. “I was hired to observe defendant Christopher M. Boyle and to attempt to serve him with the amended complaint.”
McCallum claims he and other investigators under his direction attempted to serve Christopher Boyle at seven locations during several different time periods.
“We were unable to locate and serve Christopher Boyle at any of the addresses,” according to the declaration.
“When we attempted service at Michael Boyle’s office … Michael Boyle was hostile and confrontational. He alleged that we were trespassing on business property and threatened to shoot and kill us,” the declaration states.
On Monday August 26, 2013, Mike Boyle had asked for summary judgment alleging “gross ethical and legal misconduct on the part of the plaintiff and the plaintiff’s agents.”
He alleges an incident took place over the weekend between himself and a person acting as a process server who attempted to serve papers on Christopher Boyle. He asked the court to find in favor of a summary judgment in the alleged patent infringement case filed by GlasWeld.
“The defendant moves the court to find in favor of the defendants’ motion for summary judgment and/or dismiss all alleged charges against the defendants due to gross ethical and legal misconduct on the part of plaintiff and plaintiff’s agents,” Mike Boyle writes in court documents.
On Tuesday Mike Boyle filed more motions, asking the court for an order compelling GlasWeld’s staff be made available for depositions. He also asked for sanctions, claiming, “the [delay] acts have caused undue delay and hardship on the defendant.”
“The defendant has in good faith attempted to depose staff members and officers of GlasWeld Systems for well over 5 months,” Mike Boyle explains in his memorandum in support of his motion of to compel depositions and sanctions. “The plaintiff’s counsel has demonstrated their willingness to deceive and delay the scheduling of depositions for reasons that have little or no merit. The defendant believes that these attempts to shield the plaintiffs from direct questions are to avoid the evidence needed to end the current litigation.”
Mike Boyle asked for a prayer of judgment, writing in court documents, “The defendant prays that the court will order the plaintiffs to attend depositions scheduled by the defendants immediately and without delay. The defendant also asks for sanctions against counsel for the plaintiff for their unethical and illegal conduct. The defendant requests financial compensation in the amount of $20,000 to attain counsel to combat additional unfair acts and protect the defendant in the event of further violations.”
At press time, the judge had not issued any new rulings in the case.