Carlson v. Hansen, et al.

Filing 75

ORDER Requiring Defendant Ikeni to SHOW CAUSE why Expense of Personal Service Should not be Taxed Against Him signed by Magistrate Judge Sheila K. Oberto on 07/08/2014. Show Cause Response due by 7/28/2014.(Flores, E)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

THOMAS JOHN CARLSON,
Plaintiff,

11
12
13

v.

Case No. 1:10-cv-00759-LJO-SKO (PC)
ORDER REQUIRING DEFENDANT IKENI
TO SHOW CAUSE WHY EXPENSE OF
PERSONAL SERVICE SHOULD NOT BE
TAXED AGAINST HIM

R. HANSEN, et al.,
(Docs. 68 and 69)

14

Defendants.
FIFTEEN-DAY DEADLINE

15

_____________________________________/

16
17

Pending before the Court is a request by the United States Marshals Service for

18 reimbursement of the expense incurred in effecting personal service on Defendant Ikeni, filed on
19 April 2, 2014. (Doc. 68.)
20

Pursuant to the Federal Rules of Civil Procedure, individuals have “a duty to avoid

21 unnecessary expenses of serving the summons.” Fed. R. Civ. P. 4(d)(1). “If a defendant located
22 within the United States fails, without good cause, to sign and return a waiver requested by a
23 plaintiff located within the United States, the court must impose on the defendant . . . the expense
24 later incurred in making service. . . .” Fed. R. Civ. P. 4(d)(2)(A).
25

Based on the information provided by the Marshals Service, attempts were made to obtain

26 a waiver of service of the summons from Defendant Ikeni on November 19, 2013, and December
27 20, 2013. (Doc. 69.) On March 25, 2014, the Marshal effected personal service, incurring an
28 expense of $136.16. (Id.)

1

Accordingly, it is HEREBY ORDERED that:

2

1.

3
4

Defendant Ikeni has fifteen (15) days from the date of this order within which to
show good cause for failing to waive service; and

2.

If Defendant Ikeni either (1) fails to respond to this order or (2) responds but fails

5

to show good cause, he will be required to reimburse the United States Marshals

6

Service the $136.16 expense incurred in effecting personal service.

7
8
9

IT IS SO ORDERED.
Dated:

July 8, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2