Preston D. Perkins v. Joseph J. Seida et al

Filing 40

(IN CHAMBERS) ORDER REQUIRING PLAINTIFF TO PROPERLY SERVE SUMMONS AND FIRST AMENDED COMPLAINT AND FILE PROOF OF SERVICE by Magistrate Judge David T. Bristow. On or before March 7, 2024, plaintiff shall properly serve the Summons and FAC on defendants and shall file proofs of service demonstrating proper service. (see document for further details) (hr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES--GENERAL

Case No.

2:23-cv-02563-FLA (DTB)

Date: February 7, 2024

Title: Preston D. Perkins v. Joseph J. Seida, et al.
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DOCKET ENTRY
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PRESENT:
HON. DAVID T. BRISTOW, MAGISTRATE JUDGE
S. Lorenzo
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFF:

None present

n/a
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANT(S):

None present

PROCEEDINGS: (IN CHAMBERS) ORDER REQUIRING PLAINTIFF TO
PROPERLY SERVE SUMMONS AND FIRST AMENDED COMPLAINT
AND FILE PROOF OF SERVICE
Plaintiff Preston D. Perkins filed a First Amended Complaint on November 10,
2023. On February 2, 2024, plaintiff filed Proofs of Service of Summons (“Proofs
of Service”). The Proofs of Service do not demonstrate that the defendants were
properly served.
Fed. R. Civ. P. 4 sets forth the requirements for proper service. Simply
mailing the Summons and FAC by certified mail is insufficient to effectuate service.
Plaintiff should review the requirements of Fed. R. Civ. P. 4 and Cal. Code Civ. Proc.
' 415.10, et seq., and serve the Summons and FAC using one of the authorized
methods.
Pursuant to Fed. R. Civ. P. 4(e)(2), to effectuate proper service of a Summons
within a judicial district of the United States, plaintiff must do any of the following:
(A) deliver a copy of the Summons and of the FAC to the individual personally; (B)
leave a copy of the Summons and FAC at the individual’s dwelling or usual place of
abode with someone of suitable age and discretion who resides there; or (C) deliver a
copy of the Summons and FAC to an agent authorized by appointment or by law to
receive service of process.
Pursuant to Rule 4(e)(1), service of a summons may also be accomplished by
following the law of the state where the district court is located or where service is
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made. Here, as it appears that all of the defendants are in California, only California
law is applicable. Finally, pursuant to Rule 4(l)(1), proof of service must be made
by the server’s affidavit.
The proofs of service submitted by plaintiff to the Court are not complete and
do not specify the method and circumstances of service. Plaintiff should review the
requirements of Fed. R. Civ. P. 4 and Cal. Code Civ. Proc. ' 415.10, et seq., to ensure
that service was properly effectuated. In the event plaintiff believes service has
been properly effectuated, plaintiff must submit amended proofs of service specifying
the method and circumstances of service. 季
On or before March 7, 2024, plaintiff shall properly serve the Summons and
FAC on defendants and shall file proofs of service demonstrating proper service.
The Court advises plaintiff that failure to serve the Summons and FAC and file
the proofs of service on or before March 7, 2024, may result in dismissal of this
action for failure to prosecute.
IT IS SO ORDERED.

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