## Facts

- Sheree L. Hukill worked for the Oklahoma Native American Domestic Violence Coalition, doing business as Spirits of Hope, until her termination in December 2004.
- After voluntarily dismissing an earlier state-court action, Hukill filed a federal action against Spirits of Hope and its executive director and registered agent, Pauline Musgrove.
- Defendants’ prior counsel declined to accept service on their behalf.
- Hukill attempted service by certified mail under Federal Rule of Civil Procedure 4(e)(1) and 4(h)(1)(A), using Oklahoma’s mail-service statute requiring certified mail, return receipt requested, and delivery restricted to the addressee.
- Hukill mailed two summonses to the organization’s business address:
  - one addressed to Musgrove, marked for restricted delivery;
  - one addressed to Spirits of Hope (care of Musgrove), not marked for restricted delivery.
- In both instances, the return receipts were signed by “L. Vollintine,” not by Musgrove, and Vollintine was not authorized to accept service.
- Defendants did not respond, and the district court entered a default judgment exceeding $100,000 against Spirits of Hope, Musgrove, and others.
- Spirits of Hope and Musgrove moved to set aside the default judgment under Rules 55(c) and 60(b), arguing the judgment was void for lack of personal jurisdiction due to improper service; they did not dispute actual awareness of the suit.
- The district court denied relief, reasoning that service substantially complied with Oklahoma law because defendants had actual notice.
- Defendants appealed.

## Issues

1. Whether service by certified mail that was not restricted-delivery to the addressee, and was signed by an unauthorized person, satisfied Oklahoma’s mail-service requirements as incorporated through Federal Rule of Civil Procedure 4.
2. Whether a default judgment entered without proper service and thus without personal jurisdiction is void and must be set aside under Rule 60(b)(4), even if defendants had actual notice.

## Decision

- The court of appeals reversed.
- Hukill did not validly serve Musgrove or Spirits of Hope under Oklahoma law because restricted-delivery requirements were not met and the addressee did not sign the return receipts.
- Actual notice did not cure the failure to accomplish service as required by statute.
- Because proper service is a prerequisite to personal jurisdiction, the district court lacked personal jurisdiction over Musgrove and Spirits of Hope.
- The default judgment against those defendants was void and had to be vacated.
- The case was remanded with instructions to vacate the default judgment against Musgrove and Spirits of Hope.

## Legal Principles

- When a plaintiff uses Federal Rule of Civil Procedure 4(e)(1) or 4(h)(1)(A) to serve process under state law, the chosen state’s service requirements control validity of service.
- Oklahoma certified-mail service requiring “delivery restricted to the addressee” is not satisfied when the return receipt is signed by someone other than the named addressee who is not authorized to accept service.
- Actual notice of a lawsuit does not substitute for, or cure, defective service of process when statutory service prerequisites are unmet.
- A federal court may not exercise personal jurisdiction absent valid service of process.
- A default judgment entered without personal jurisdiction is void and must be set aside under Rule 60(b)(4).

## Conclusion

The court held that certified-mail service that failed to ensure restricted delivery to, and signature by, the named addressee did not comply with Oklahoma law and therefore did not confer personal jurisdiction; the resulting default judgment was void and required vacatur.


Hukill v. Okla. Native Am. Domestic Violence Coal., 542 F.3d 794 (10th Cir. 2008)