Meredith v. Astrue

Filing 10

ORDER Granting 9 Motion to Serve Additional Party with Summons and Complaint. Signed by Magistrate Judge Cam Ferenbach on 11/9/2012. (Copies have been distributed pursuant to the NEF - SLR)

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 *** 5 ANGELA M. MEREDITH 6 Plaintiff, 7 v. 8 MICHAEL J. ASTRUE, COMMISSIONER 9 OF SOCIAL SECURITY, 10 Defendant. 11 12 ) ) ) ) ) ) ) ) ) ) ) ) 2:12-cv-01594-JCM-VCF ORDER (Motion to Serve Additional Defendants With Summons and Complaint #9) Before the court is plaintiff Angela M. Meredith’s Motion to Serve Additional Party with Summons 13 and Complaint (#9). No Opposition was filed. 14 Background 15 On September 17, 2012, the court issued an order granting plaintiff’s motion to proceed in forma 16 pauperis (#1) and screening plaintiff's complaint (#1-1) pursuant to 28 U.S.C. § 1915. (#2). The court 17 directed the Clerk of Court to serve the complaint pursuant to Rule 4(i) of the Federal Rules of Civil 18 Procedure. Id. Rule 4(i) provides, in relevant part, that in order to serve the United States and its agencies, 19 a party must deliver or mail by certified mail a copy of the complaint and summons to (a) the United States 20 Attorney for the district where the action is brought; (b) the Attorney General of the United States in 21 Washington, D.C.; and (c) the agency or officer. See Fed.R.Civ.P. 4(i)(1)(A), 4(i)(1)(B), and 4(i)(2). 22 Accordingly, the court directed service on the Office of General Counsel for the Social Security 23 Administration ("SSA") in Baltimore, Maryland; the Attorney General in Washington, D.C.; and the United 24 States Attorney for the District of Nevada. (#2). 25 Motion to Serve Additional Defendants (#9) 26 The instant motion requests the court to direct the Clerk of Court to effect service of the complaint 27 (#1-1) and summons by certified mail on the Office of Regional Chief Counsel for Region IX of the Social 28 Security Administration in San Francisco, California, pursuant to 70 Fed. Reg. 73320 (Dec. 9, 2005). (#9). That Notice provides that effective December 9, 2005, the SSA amended its rules concerning service of 1 process in lawsuits seeking judicial review of SSA final decisions on individual claims for benefits under 2 Titles II, VIII, and/or XVI of the Social Security Act. Notice, 70 Fed. Reg. 73320 (Dec. 9, 2005). The 3 Notice also directs that "summonses and complaints in these types of cases should be mailed directly to the 4 office in SSA's Office of General Counsel (OGC) that is responsible for the processing and handling of 5 litigation in the particular jurisdiction in which the complaint has been filed." Id. The revised procedures 6 set forth in the Notice are codified at 20 C.F.R. 423.1, which provides that service of process on the SSA 7 or the Commissioner of the SSA should be effected on the SSA's regional Office of General Counsel for the 8 jurisdiction where the complaint was filed. See 20 C.F.R. 423.1 (Oct. 11, 2012). 9 Having reviewed and considered the matter, 10 IT IS ORDERED: 11 1. 12 GRANTED. 13 2. 14 by sending a copy of the summons and Complaint (#1-1) by certified mail to: 15 16 Plaintiff's Motion to Serve Additional Party with Summons and Complaint (#9) is The Clerk of the Court shall serve the Commissioner of the Social Security Administration Office of the Regional Chief Counsel, Region IX Social Security Administration 160 Spear St., Suite 899 San Francisco, CA 94105-1545 17 DATED this 9th day of November, 2012. 18 19 20 21 CAM FERENBACH UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2