Swafford v. CIGNA Group Insurance

Filing 7

ORDER DIRECTING Service by the United States Marshals Service Without Prepayment of Costs, signed by Magistrate Judge Michael J. Seng on 6/14/16. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KIRKLAND SWAFFORD,

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Plaintiff,

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v.
CIGNA Group Insurance,

CASE NO. 1:14-cv-00213-DAD-MJS (PC)

ORDER DIRECTING SERVICE BY THE
UNITED STATES MARSHALS SERVICE
WITHOUT PREPAYMENT OF COSTS

Defendant.

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The Court previously found service of the complaint appropriate. Accordingly,
pursuant to Federal Rule of Civil Procedure 4(c), it is HEREBY ORDERED that:
1. For each defendant to be served, the Clerk of the Court is directed to forward
the following documents to the United States Marshals Service:

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(1) One completed and issued summons;

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(2) One completed USM−285 form;

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(3) One copy of the complaint filed on February 18, 2014, plus an extra

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copy for the Marshals Service;
(4) One copy of this order, plus an extra copy for the Marshals Service; and

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2. Within ten days from the date of this order, the Marshals Service is directed to

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notify the following defendant of the commencement of this action and to

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request a waiver of service in accordance with the provisions of Fed. R. Civ. P.

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4(d) and 28 U.S.C. § 566(c):

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CIGNA Group Insurance

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3. The Marshals Service shall file returned waivers of service as well as any

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requests for waivers of service that are returned as undelivered as soon as

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they are received.

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4. If a waiver of service is not returned by a defendant within sixty days of the

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date of mailing the request for waiver, the Marshals Service shall:

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a.

Personally serve process and a copy of this order upon the

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defendant pursuant to Rule 4 of the Federal Rules of Civil Procedure

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and 28 U.S.C. § 566(c).

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b.

Within ten days after personal service is effected, the Marshals

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Service shall file the return of service for the defendant, along with

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evidence of any attempts to secure a waiver of service of process

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and of the costs subsequently incurred in effecting service on said

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defendant. Said costs shall be enumerated on the USM−285 form

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and shall include the costs incurred by the Marshals Service for

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photocopying additional copies of the summons and complaint and

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for preparing new USM−285 forms, if required. Costs of service will

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be taxed against the personally served defendant in accordance with

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the provisions of Fed. R. Civ. P. 4(d)(2).

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5. If defendant waives service, they are required to return the signed

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waivers to the Marshals Service. The filing of an answer or a responsive

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motion does not relieve defendant of this requirement, and the failure to

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return the signed waivers may subject defendant to an order to pay the

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costs of service pursuant to Fed. R. Civ. P. 4(d)(2).

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IT IS SO ORDERED.
Dated:

June 14, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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