Crook #103045 v. Ryan et al
ORDER (Service Packet): denying Defendants' Motion to Compel Expert Affidavit and Motion to Stay Proceedings 65 ; granting Plaintiff's Motion for Leave to File Second Amended Complaint 36 ; the Clerk is directed to file the Second Amende d Complaint 36 -1; granting Plaintiff's Motion for Leave to File Third Amended Complaint 62 ; the Clerk is directed to file the Third Amended Complaint 62 -1; Defendants Ryan, Malachinski, McKamey, Thomas, Rojas, James, Nze, Cato, and Johnson must answer the Third Amended Complaint; the Clerk shall send Plaintiff a service packet including the Third Amended Complaint, this Order, and a copy of the Marshal's Process Receipt & Return form (USM-285) and Notice of Lawsuit & Request for Waiver of Service of Summons form for Defendants Nze, Cato, and Johnson; Plaintiff shall complete and return the service packet to the Clerk within 21 days; granting Plaintiff's Motion to Extend the Discovery Deadline 70 ; the discovery deadlin e is extended to 4/17/17; the dispositive motion deadline is extended to 5/17/17; granting Defendants' Motion for Leave to Exceed Page Limits of Dispositive Motion or in the Alternative for Leave to File Multiple Dispositive Motions 77 as foll ows: Defendants may file one dispositive motion that does not exceed 27 pages; denying Plaintiff's Motion to Appoint Counsel 84 . Signed by Magistrate Judge Eileen S Willett on 2/24/17. (Attachments: # 1 Cover Letter, # 2 Sample and Form Pkt #1, # 3 Form Pkt #2, # 4 Form Pkt #3) (REW) Modified on 2/27/2017 *NOTE: Third Amended Complaint forwarded to Plaintiff at docket entry 86 *(REW).
USM-285 is a 5-part form. Fill out the form and print 5 copies. Sign as needed and route as specified below.
PROCESS RECEIPT AND RETURN
U.S. Department of Justice
United States Marshals Service
See "Instructions for Service of Process by U.S. Marshal"
COURT CASE NUMBER
TYPE OF PROCESS
NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
ADDRESS (Street or RFD, Apartment No., City, State and ZIP Code)
SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW
Number of process to be
served with this Form 285
Number of parties to be
served in this case
Check for service
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses,
All Telephone Numbers, and Estimated Times Available for Service):
Signature of Attorney other Originator requesting service on behalf of:
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY-- DO NOT WRITE BELOW THIS LINE
I acknowledge receipt for the total
number of process indicated.
(Sign only for USM 285 if more
than one USM 285 is submitted)
Signature of Authorized USMS Deputy or Clerk
I hereby certify and return that I
have personally served ,
have legal evidence of service,
have executed as shown in "Remarks", the process described
on the individual , company, corporation, etc., at the address shown above on the on the individual , company, corporation, etc. shown at the address inserted below.
I hereby certify and return that I am unable to locate the individual, company, corporation, etc. named above (See remarks below)
Name and title of individual served (if not shown above)
A person of suitable age and discretion
then residing in defendant's usual place
Address (complete only different than shown above)
Signature of U.S. Marshal or Deputy
Total Mileage Charges Forwarding Fee
Amount owed to U.S. Marshal* or
(Amount of Refund*)
PRINT 5 COPIES: 1. CLERK OF THE COURT
2. USMS RECORD
3. NOTICE OF SERVICE
4. BILLING STATEMENT*: To be returned to the U.S. Marshal with payment,
if any amount is owed. Please remit promptly payable to U.S. Marshal.
5. ACKNOWLEDGMENT OF RECEIPT
PRIOR EDITIONS MAY BE USED
AO 398 (Rev. 01/09) Notice of a Lawsuit and Request to Waive Service of a Summons
UNITED STATES DISTRICT COURT
__________ District of __________
Civil Action No.
NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS
(Name of the defendant or - if the defendant is a corporation, partnership, or association - an officer or agent authorized to receive service)
Why are you getting this?
A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above.
A copy of the complaint is attached.
This is not a summons, or an official notice from the court. It is a request that, to avoid expenses, you waive formal
service of a summons by signing and returning the enclosed waiver. To avoid these expenses, you must return the signed
days (give at least 30 days, or at least 60 days if the defendant is outside any judicial district of the United States)
from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along with
a stamped, self-addressed envelope or other prepaid means for returning one copy. You may keep the other copy.
What happens next?
If you return the signed waiver, I will file it with the court. The action will then proceed as if you had been served
on the date the waiver is filed, but no summons will be served on you and you will have 60 days from the date this notice
is sent (see the date below) to answer the complaint (or 90 days if this notice is sent to you outside any judicial district of
the United States).
If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaint
served on you. And I will ask the court to require you, or the entity you represent, to pay the expenses of making service.
Please read the enclosed statement about the duty to avoid unnecessary expenses.
I certify that this request is being sent to you on the date below.
Signature of the attorney or unrepresented party
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