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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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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KEVIN COX,
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Plaintiff,
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v.
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CALIFORNIA DEPARTMENT OF
CORRECTIONS & REHABILITATION,
ET AL.,

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Defendants.
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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

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to avoid the unnecessary expense of service.

Defendants were provided

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with a copy of the summons and complaint and a waiver of service form

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and elected not to waive service and avoid these costs.

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Attachments: U.S. Marshal’s Service Form and E-mail from Defendants’

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Counsel Acknowledging Receipt of Summons and Complaint.)

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the U.S. Marshal’s Service was required to personally serve them at a

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cost of $74.07 each.

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Service Setting Forth Cost of Service.)

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Court must impose the cost of service on Defendants who fail, without

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good cause, to return a waiver.

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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

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580, and show cause as to why they should not be ordered to pay those

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costs.

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Because this hearing does not involve Plaintiff and has no impact

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on the merits of this case, Plaintiff will not be required to attend

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the hearing.

He may request to attend by telephone if he so desires.

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IT IS SO ORDERED.

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DATED:

February 14, 2018.

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KAREN L. STEVENSON
UNITED STATES MAGISTRATE JUDGE

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S:\KLS\Approved by KLS\Cox Ord_show cause_svc.wpd

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