Summons Delivered To Power Plant Lawsuit Defendants

By Gordon HopkinsAfter considerable difficulty in locating the defendants in a lawsuit filed by the City of Fairbury, delivery of the summons has now been confirmed.The lawsuit was first filed in September of 2023. The City of Fairbury is suing Industrial Engineering Solutions (IES), LLC, for breach of contract. The company had contracted with the city to remove thousands of dollars worth of equipment from the now defunct Fairbury municipal power plant but left town without paying the full amount.On December 9, 2023, a process server attempted to deliver the summons to the registered agent, Tony Mitlo, at the address registered in Texas.The process server, Paul Brennan with Lone Star Attorney Service, indicated the family living at the address did not know the defendant, “I was told by the father of the family that they are new to this house and that they are renting it. Since they were new, he did not know whether the recipient was a former renter.” On January 18, 2024, District Court Judge Julie Smith approved a motion for substitute service.In some cases, the law requires that certain documents, such as a summons, be served on the other party. The court will allow alternative methods of service if service cannot be made by traditional means.Summonses were sent by email and text message and were returned on January 22, 2024, confirming receipt. One of the defendants is Tony Mitlo, the registered agent. FJN called the telephone number on the summons and spoke briefly to a man who identified himself as Tony Mitlo. He said he did not wish to discuss the case but did acknowledge receiving the text about the lawsuit.

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