Atwood #062887 v. Days et al

Filing 37

ORDER (Service Packet) - Plaintiff's First Amended Complaint lodged at Doc. 23 must be filed as of the date that it was lodged. Plaintiff's motion to supplement the Complaint (Doc. 22 ) is denied. Plaintiff's motion for a prelim inary injunction (Doc. 3 ) is denied in part.The motion is denied except as to grab bars in the visitation area(s) used by Plaintiff and in holding cells, and associated toilet facilities. No later than 10 days from the filing date of this Order, Defendants must file a sur-reply to Plaintiff's reply in support of his motion for injunctive relief as discussed herein. Counts II and III are dismissed without prejudice. Defendants Wallis and Romney are dismissed without prejudice. Defend ants Centurion, Olmstead, Lopez, Days, and Arnold must answer Count I, as set forth herein, and Defendants Shinn and Scott must answer Count IV. The Clerk of Court must send Plaintiff a service packet, this Order, and both summons and request for w aiver forms for the unserved Defendants Centurion, Olmstead, Lopez, and Scott. Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. If Plaintiff does not either obtain a wa iver of service of the summons or complete service of the Summons and First Amended Complaint on any unserved Defendant within 90 days of the filing of the Complaint or within 60 days of the filing of this Order, whichever is later, the action may b e dismissed as to each Defendant not served. Any answer or response must state the specific Defendant by name on whose behalf it is filed. This matter is referred to Magistrate Judge John Z. Boyle, including Plaintiff's motion to compel (Doc. 32 ), pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings as authorized under 28 U.S.C. § 636(b)(1). The Clerk of Court must promptly send a copy of this Order to Defendants' counsel at Lu [e-mail].(See document for further details). Signed by Senior Judge James A Teilborg on 9/9/2020. (Attachments: # 1 Service Packet Letter, # 2 Samples and Blank Service Forms, # 3 Blank Service Forms, # 4 Blank Service Forms, # 5 Blank Service Forms, # 6 Copy of Rule 4)(LAD)

USM-285 is a 5-part form. Fill out the form and print 5 copies. Sign as needed and route as specified below.
U.S. Department of Justice
United States Marshals Service

PROCESS RECEIPT AND RETURN
See "Instructions for Service of Process by U.S. Marshal"

PLAINTIFF

COURT CASE NUMBER

DEFENDANT

TYPE OF PROCESS

NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN

{

SERVE
AT

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
on U.S.A.

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):
Fold

Fold

Signature of Attorney other Originator requesting service on behalf of:

PLAINTIFF

TELEPHONE NUMBER

DATE

DEFENDANT

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)

Total Process

District of
Origin

District to
Serve

No.

No.

Signature of Authorized USMS Deputy or Clerk

Date

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
of abode

Address (complete only different than shown above)

Date

Time

am
pm

Signature of U.S. Marshal or Deputy

Service Fee

Total Mileage Charges Forwarding Fee
including endeavors)

Total Charges

Advance Deposits

Amount owed to U.S. Marshal* or
(Amount of Refund*)

REMARKS:

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

Form USM-285
Rev. 12/80

AO 398 (Rev. 01/09) Notice of a Lawsuit and Request to Waive Service of a Summons

UNITED STATES DISTRICT COURT
for the
__________ District of __________

Plaintiff
v.
Defendant

)
)
)
)
)

Civil Action No.

NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS
To:
(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
waiver within
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.
Date:
Signature of the attorney or unrepresented party

Printed name

Address

E-mail address

Telephone number