Hernandez v. Avis Budget Group, Inc. et al

Filing 6

SCREENING ORDER, Order finding service of #5 Complaint appropriate and forwarding service documents to Plaintiff ORDER signed by Magistrate Judge Erica P. Grosjean on 6/11/2018. (Filing Deadline: 7/6/2018.) (Attachments: #1 USM Instructions)(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWARD HERNANDEZ,

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Plaintiff,

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v.
AVIS BUDGET GROUP, INC., et al.,
Defendants.

Case No. 1:17-cv-00211-DAD-EPG
SCREENING ORDER
ORDER FINDING SERVICE OF
COMPLAINT APPROPRIATE AND
FORWARDING SERVICE DOCUMENTS
TO PLAINTIFF
(ECF No. 5)

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TWENTY-ONE (21) DAY DEADLINE
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On February 14, 2017, Edward Hernandez (“Plaintiff”), proceeding pro se and in forma

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pauperis, commenced this action by the filing of a Complaint alleging a variety of state law

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claims against Avis Budget Group, Inc. (“Avis”); Daphne Davis, an employee of Avis (“Davis”);

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Ford Motor Company, Inc. (“Ford”); Capital One Financial Corporation (“Capital One”); and

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Asset Retrieval and Investigations, Inc. (“ARI”) (collectively, “Defendants”). (ECF No. 1). On

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December 15, 2017, the Court screened the Complaint, and found that the Complaint only stated

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claims for breach of contract against Avis and Capital One, defamation against ARI; and

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intentional infliction of emotional distress against Avis, Davis, and ARI. (ECF No. 4). The

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screening order directed Plaintiff (1) to notify the Court that he agrees to proceed only on the

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claims found cognizable in this order, (2) to file an amended complaint within thirty days if he

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believes that additional facts will establish any additional claims under the applicable legal

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standards, or (3) to state that he wishes to stand on the Complaint, in which case the Court would

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issue findings and recommendations to the assigned district judge, recommending that certain
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claims and defendants be dismissed consistent with the order. Id.
On January 8, 2018, Plaintiff filed a First Amended Complaint (“FAC”). (ECF No. 5).

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The Court has screened the FAC pursuant to 28 U.S.C. §1915(e)(2)(B), and finds that it states a

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least one cognizable claim against each named defendant. Thus, the Court finds the FAC

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appropriate for service of process. Accordingly, it is HEREBY ORDERED that:

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1. Service is appropriate for the following defendant(s):

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a. Avis Budget Group, Inc.;

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b. Daphne Davis, an employee of Avis Budget Group, Inc.;

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c. Ford Motor Company, Inc.;
d. Capital One Financial Corporation; and

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e. Asset Retrieval and Investigations, Inc.

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2. The Clerk of Court shall SEND Plaintiff five (5) USM-285 form, five (5)

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summons, one (1) Notice of Submission of Documents form, one (1) instruction

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sheet, and one (1) copy of the First Amended Complaint filed on January 8, 2018,
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(ECF No. 5);
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3. Within twenty-one (21) days from the date of service of this order, Plaintiff shall

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complete the Notice of Submission of Documents form and submit the completed

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form to the Court with the following documents:

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a.

A completed summons for each named defendant;

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b.

A completed USM-285 form for each named defendant; and

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c.

Six (6) signed copies of the First Amended Complaint filed on January 8,

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2018;

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4. Plaintiff need not attempt service on defendants, and need not request waiver of

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service. Upon receipt of the above-described documents, the Court will direct the

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United States Marshals Service to serve defendants pursuant to Federal Rule of

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Civil Procedure 4 without payment of costs; and

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5. The failure to comply with this order may result in the dismissal of this action.

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IT IS SO ORDERED.
Dated:

June 11, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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