Kevin Cox v. California Department of Correctional and Rehab et al

Filing 42

ORDER TO SHOW CAUSE by Magistrate Judge Karen L. Stevenson. Show Cause Hearing set for 3/21/2018 11:00 AM before Judge Josephine L. Staton. (Attachments: # 1 Expenses Incurred by USM) (rh)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 KEVIN COX, 11 Plaintiff, 12 v. 13 14 CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION, ET AL., 15 Defendants. 16 17 ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. CV 16-7982-JLS(KLS) ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE REQUIRED TO REIMBURSE U.S. MARSHAL FOR COSTS OF SERVICE AFTER FAILING TO WAIVE SERVICE Federal Rule of Civil Procedure 4(d) places a duty on defendants 18 to avoid the unnecessary expense of service. Defendants were provided 19 with a copy of the summons and complaint and a waiver of service form 20 and elected not to waive service and avoid these costs. 21 Attachments: U.S. Marshal’s Service Form and E-mail from Defendants’ 22 Counsel Acknowledging Receipt of Summons and Complaint.) 23 the U.S. Marshal’s Service was required to personally serve them at a 24 cost of $74.07 each. 25 Service Setting Forth Cost of Service.) 26 Court must impose the cost of service on Defendants who fail, without 27 good cause, to return a waiver. 28 and J. Lewis are ordered to appear in person on March 21, 2018 at (See As a result, (See Attachments: Memos from U.S. Marshal’s Rule 4(d) requires that the Defendants Sandy Alfaro, P. Shank, 11:00 a.m. at the Roybal Federal Building, 255 E. Temple, Courtroom 1 580, and show cause as to why they should not be ordered to pay those 2 costs. 3 Because this hearing does not involve Plaintiff and has no impact 4 on the merits of this case, Plaintiff will not be required to attend 5 the hearing. He may request to attend by telephone if he so desires. 6 IT IS SO ORDERED. 7 DATED: February 14, 2018. 8 9 10 KAREN L. STEVENSON UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S:\KLS\Approved by KLS\Cox Ord_show cause_svc.wpd 28 2

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