Salter v. Booker et al

Filing 79

Order GRANTING 78 MOTION to Set Aside Default as set out. 77 Clerk's Entry of Default as to Monica Johnson is SET ASIDE. Plf is to serve summons & complaint on the United States on or before 10/4/2012 as set out. Signed by Judge Callie V. S. Granade on 9/4/2012. (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BRENDA SALTER,
Plaintiff,
vs.
EDWIN BOOKER, et al.,
Defendants.

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CIVIL ACTION NO. 12-0174-CG-N

ORDER
This cause is before the court on the United States’ Motion to Set Aside
Default as to defendant Monica Johnson (Doc. 78). The government represents in
its motion that Ms. Johnson is an employee of the United States, and that since the
plaintiff is suing Ms. Johnson in her individual and official capacities for acts or
omissions occurring in connection with duties performed for the United States,
plaintiff is required to serve the United States in accordance with Rule 4(i)(2) and
(3) of the Federal Rules of Procedure.
Upon due consideration of the grounds cited, the motion is hereby
GRANTED pursuant to Rule 55(c) of the Federal Rules of Civil Procedure;
therefore, the Clerk’s Entry of Default as to Monica Johnson (Doc. 77) is hereby
SET ASIDE.
The court notes that this action was commenced on March 7, 2012; therefore,
the deadline for service pursuant to Rule 4(m) of the Federal Rules of Civil
Procedure expired on July 5, 2012. Nevertheless, the court will extend the deadline

for the purpose of service on the United States. The plaintiff is ORDERED to serve
a summons and copy of the complaint on the United States in accordance with Rule
4(i) of the Federal Rules of Civil Procedure and provide proof of said service on or
before October 4, 2012. Failure to comply with this order will result in dismissal
of plaintiff’s claims against defendant Monica Johnson without prejudice pursuant
to Rule 4(m) of the Federal Rules of Civil Procedure.
DONE and ORDERED this 4th day of September, 2012.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE

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