Ford v. Ciraolo-Klepper et al
Filing
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ORDER re Issuance of New Case Documents signed by Magistrate Judge Erica P. Grosjean on 1/11/2017. (Attachments: # 1 Notice of Lawsuit and Request for Waiver of Service of Summons, # 2 Waiver of Service, # 3 Consent Form, # 4 Rule 4 of the Federal Rules of Civil Procedure). (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Case No. 1:17-cv-00034-DAD-EPG
MELBA FORD,
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Plaintiff,
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v.
ORDER RE: ISSUANCE OF NEW CASE
DOCUMENTS
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CAROLINE CIRAOLO-KLEPPER, et al.
Defendants.
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On January 10, 2017, Plaintiff Melba Ford filed a complaint against Caroline Ciraolo-
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Klepper, Dennis Stiffler, the Commissioner of the Internal Revenue Office of Procedure and
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Administration, and the United States Attorney General. (ECF No. 1.) Plaintiff paid the $400
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filing fee on the same date. Because Plaintiff is not proceeding in forma pauperis, it is Plaintiff’s
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responsibility to effect service of summons and the Complaint on Defendants. The Clerk of the
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Court will be directed to issue summonses to Plaintiff for the purpose of service of process. Fed.
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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 January 10, 2017 (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:
January 11, 2017
/s/
UNITED STATES MAGISTRATE JUDGE
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