Aisha Trimble v. United States

Petitioner filed an FTCA suit against the USA, sent reasonable notice per the 2007 amendment to FRCP 4(i) and proved service prima facie, via FRCP 4(1)(1) and USPS. The USA entered 56 days late, filed an informal “didn’t-get-it” Notice and waited 63 more days to seek dismissal outside FRCP 6(b). After 203 days without an FRCP 12(a)(2) answer, the district court ordered stand down, and the Clerk entered default. Fifth Circuit violated the party-presentation principle, used obsolete 1993 law and split from 12 sister circuits and many state supreme courts to revive unpreserved FRCP 12(b),(2),(5),(6) defenses. Entry of default was never set aside. The questions presented are:

1. Whether Rule 12 dismissal lawfully bypasses entry of default or violates the Petition, Due Process and Equal Protection Clauses?

2. Whether the 2007 ‘sent to’ amendment of Rule 4(i)(l)(A)(ii) requires “civil process clerk” on envelopes like the 1993 ‘addressed to’ amendment?

3. Whether Rule 8(b)(6) admissions satisfy the evidence scope of Rule 55(d)?