Jacobsen v. People of the State of California

Filing 64

ORDER Requiring Defendant Nurse Monica Choe to File a Response to the Marshal's Request for Reimbursement of Costs of Service, signed by Magistrate Judge Jennifer L. Thurston on 11/10/15. 20-Day Deadline. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL NIEL JACOBSEN,
Plaintiff,

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v.

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PEOPLE OF THE STATE OF
CALIFORNIA, et al.,

Case No. 1:14-cv-00108-JLT (PC)
ORDER REQUIRING DEFENDANT NURSE
MONICA CHOE TO FILE A RESPONSE TO
THE MARSHAL'S REQUEST FOR
REIMBURSEMENT OF COSTS OF SERVICE
(Doc. 46)

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Defendants.

TWENTY-DAY DEADLINE

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The Court previously found service of the Second Amended Complaint appropriate and

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service was ordered on Defendants Nurse Monica Choe (erroneously sued herein as “Nurse

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Monica”). (Doc. 19.) On April 4, 2015, the Marshal filed an unexecuted USM-285 form as to

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Defendant Choe. (Doc. 35.) A second attempt at service was thereafter ordered (Doc. 38) and an

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executed summons for service on Defendant Choe was filed on August 24, 2015 (Doc. 45).

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Thereafter, the United States Marshal filed a request for reimbursement of costs incurred. (Doc.

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46.)

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Rule 4(d)(2) of the Federal Rules of Civil Procedure provides in part:
An individual, corporation, or association that is subject to service under
subdivision (e), (f), or (h) and that receives notice of an action in the
manner provided in this paragraph has a duty to avoid unnecessary costs of
serving the summons . . . .

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If a defendant located within the United States fails to comply with a
request for waiver made by a plaintiff located within the United States, the
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court shall impose the costs subsequently incurred in effecting service on
the defendant unless good cause for the failure be shown.

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Fed. R. Civ. P. 4(d)(2).
The Marshal requests the court to impose costs on Defendant Nurse Monica Choe for her

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failure to avoid unnecessary costs. Given that the Marshal=s Request was submitted in the form

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of a memorandum and may not have been recognized as a request for the court to impose costs,

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and that it was filed before Defendant Choe had appeared in this action, Defendant Choe is

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granted an opportunity to file a response to the Marshal=s Request.

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Accordingly, IT IS HEREBY ORDERED that:
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Within twenty days from the date of service of this order, Defendant Choe shall

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file a written response to the Marshal=s Request, filed on August 24, 2015 (Doc.

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46); and

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2.

failure to comply with this order shall result in an order requiring Defendant Choe
to reimburse the Marshal for costs of personal service.

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IT IS SO ORDERED.
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Dated:

November 10, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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