This question should be answered in IRAC form. Please also include all relevant keywords, terms and phrases when discussing each topic.
Kalinda filed suit in January of 2011 in the U.S .District Court of Massachusetts in Boston against BadBoys Corporation and Hansoff, BadBoys’ President. Kalinda claimed in her complaint that several male BadBoys co-workers and Hansoff (who lived and worked in Kazakhstan) sent her many inappropriate and offensive emails in October, November and December of 2010. During the lawsuit, several motions were presented to the Court based on the following facts:
Kalinda attempted, through a proper Process Server, to serve the Complaint and Summons in February 2011 at Hansoff’s Massachusetts Penthouse he leased throughout the year from the Four Seasons Hotel. One of Hansoff’s several friends who hung out at the Penthouse accepted the papers. Hansoff argued that he lived in Kazakhstan, and only kept the Penthouse in Boston leased throughout the year so he could stay there whenever he came to visit BadBoys’ Boston Headquarters. Hansoff claims he is in Boston at most two weeks out of the year, and not even continuously for two weeks. Also, Hansoff claimed he has no idea who the person was who accepted the papers, because “many people come and go from the Penthouse” and he doesn’t know who every one of them are.
Hansoff has moved to dismiss Plaintiff Kalinda’s complaint based on improper service of Process. Should the Court grant or deny Hansoff’s motion to dismiss?
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Consider whether the Penthouse has sufficient inidca of permanence and will satisfy the requirement of usual place of abode. Moreover, is there any indication that the friend lives there? Consider if the Defendant knows who the friend is.