Templeton v. Davis, et al.

Filing 9

ORDER Re: Issuance of New Case Documents and Summons, signed by Magistrate Judge Erica P. Grosjean on 10/11/2016. (120 Day-Deadline) (Attachments: # 1 Complaint date 10/5/2016, # 2 Notice of Lawsuit for Waiver of Service of Summons, # 3 Consent/Decline Form, # 4 Rule 4 of FRCP)(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SHARON TEMPLETON,

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Plaintiff,

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v.

Case No. 1:16-cv-01491-DAD-EPG
ORDER RE: ISSUANCE OF NEW CASE
DOCUMENTS

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JAMES DAVIS, et al.
Defendants.

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On October 5, 2016, Plaintiff Sharon Templeton filed a complaint against James Davis,

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Joyce Fields-Keene, the Central California Faculty Medical Group, University Neurosurgeons,

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Community Medical Centers, and Community Regional Medical Center. (ECF No. 1.) Plaintiff

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paid the $400 filing fee on the same date. Because Plaintiff is not proceeding in forma pauperis,

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it is Plaintiff’s responsibility to effect service of summons and the Complaint on Defendants. The

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Clerk of the Court will be directed to issue summonses to Plaintiff for the purpose of service of

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process. Fed. R. Civ. P. 4.

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Plaintiff shall complete service of process in accordance with Federal Rule of Civil

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Procedure 4 within 120 days from the date of service of this Order. Plaintiff shall serve a copy of

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this Order on Defendants, in addition to copies of the summonses and Complaint. The following

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two sections contain instructions on how to serve Defendants.

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I.

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WAIVER OF SERVICE
Under Federal Rule of Civil Procedure 4(d), Plaintiff may (but is not required to) notify

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Defendants of the commencement of this action and request that they waive service of the

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summons. If Plaintiff wishes to do this, she must mail Defendants: (1) the form entitled “Notice

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of Lawsuit and Request for Waiver of Service for Summons”; (2) the form entitled “Waiver of

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Service of Summons”; and (3) a copy of the Complaint. The documents must be addressed

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directly to each Defendant and must be sent via first class United States Mail. The Waiver of

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Service of Summons form must set forth the date on which the request is sent and must allow

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Defendants at least thirty (30) days in which to return the waiver to Plaintiff. If Defendants sign

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and return the waiver forms to Plaintiff, Plaintiff must then file the forms with the Court. After

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filing the forms with the Court, Plaintiff need not take any further steps to serve Defendants. Fed.

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R. Civ. P. 4(d)(4).

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II.

PERSONAL SERVICE

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If either: (1) Plaintiff does not wish to request that Defendants waive service; or (2)

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Defendants fail to return the Waiver of Service of Summons form to Plaintiff, Plaintiff must have

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personal service effected on Defendants. Each Defendant must be personally served with a

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summons and copy of the Complaint, along with a copy of this Order. Plaintiff may not effect

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personal service herself. Fed. R. Civ. P. 4(c). Service may be effected by any person who is not

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a party to this action and who is at least eighteen years old. Id. The Court will provide Plaintiff

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with a copy of Federal Rule of Civil Procedure 4. Plaintiff should review Rule 4(e)(2), which

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addresses how personal service may be effected.

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III.

ORDER

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is DIRECTED to issue new case documents and send Plaintiff

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a summons for each named Defendant in this case;
2. The Clerk is further DIRECTED to send Plaintiff the following:
a) A copy of the Complaint filed October 5, 2016 (ECF No. 1);
b) A copy of the form entitled “Notice of Lawsuit and Request for Waiver of Service
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of Summons” for each named Defendant in this case;

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c) A copy of the form entitled “Waiver of Service” for each named Defendant in this

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case;

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d) A copy of the form entitled “Consent to Proceed Before United States Magistrate

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Judge” with instructions; and,

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e) A copy of Rule 4 of the Federal Rules of Civil Procedure.

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3. Plaintiff shall complete service of process on Defendants within one hundred twenty

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(120) days from the date of service of this order. Plaintiff shall serve a copy of this

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order and a copy of the form “Consent to Proceed Before United States Magistrate

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Judge” on Defendants at the time of service of the summons and complaint; and,

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4. Plaintiff’s failure to timely complete service of the complaint on Defendants may
result in dismissal of this action. Fed. R. Civ. P. 4(m).

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IT IS SO ORDERED.

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Dated:

October 11, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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