Marsh v. Olive Garden

Filing 8

ORDER signed by Magistrate Judge Dale A. Drozd on 4/22/2010 ORDERING that the Clerk of the Court is directed to issue a summons to defendant Olive Garden and send plaintiff an instruction sheet for service of process by the United States Marshal, tog ether with the summons, one USM-285 form, and one endorsed copy of plaintiff's 1 complaint filed January 22, 2010. On the endorsed copy of the complaint sent to plaintiff, the Clerk of the Court shall amend the caption by lining through the wor d Northern and entering the word Eastern, and by lining through the Northern District case number and entering the Eastern District case number. Plt to submit the required documents within twenty (20) days after this order is served. Within ten (10) days after submitting the materials for service to the United States Marshal, plaintiff shall file with this court a document titled "Notice of Submission" in which she states the date on which she delivered or mailed the required documents to the United States Marshal. The USM is directed to serve process on dft Olive Garden within 30 days after receiving the required documents. (cc USM) (Duong, D)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. OLIVE GARDEN, Defendant. / Plaintiff is proceeding pro se with an employment discrimination action that was filed on January 22, 2010, in the United States District Court for the Northern District of California. On February 9, 2010, the case was transferred to the United States District Court for the Eastern District of California because the acts complained of occurred in Tracy, California, which is located in the Eastern District of California. Upon transfer, the proceeding was referred to the undersigned magistrate judge pursuant to Local Rule 302(c)(21). By order filed February 3, 2010, prior to transfer, the Honorable Saundra Brown Armstrong screened plaintiff's complaint and granted plaintiff's application to proceed in forma pauperis. Judge Armstrong determined that plaintiff's complaint states a cognizable claim for pregnancy discrimination but fails to state a claim for gender discrimination. The claim for gender discrimination was dismissed with leave to amend. The February 3, 2010 order provides 1 ORDER DIRECTING CLERK TO SEND MATERIALS FOR SERVICE AND REQUIRING SERVICE BY UNITED STATES MARSHAL KELLY M. MARSH, Plaintiff, No. CIV S-10-0330 LKK DAD PS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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that if no amended complaint is filed by February 26, 2010, the court will dismiss the claim for gender discrimination without prejudice and order service of the complaint on the defendant. No amended complaint has been filed in this court or forwarded to this court from the Northern District of California. In accordance with the February 3, 2010 order, plaintiff's unamended claim for gender discrimination is deemed dismissed without prejudice, and this action will now proceed on the claim for pregnancy discrimination alleged in plaintiff's original complaint. Accordingly, IT IS HEREBY ORDERED that: 1. The Clerk of the Court is directed to issue a summons to defendant Olive Garden and send plaintiff an instruction sheet for service of process by the United States Marshal, together with the summons, one USM-285 form, and one endorsed copy of plaintiff's complaint filed January 22, 2010 (Doc. No. 1); on the endorsed copy of the complaint sent to plaintiff, the Clerk of the Court shall amend the caption by lining through the word "Northern" and entering the word "Eastern," and by lining through the Northern District case number and entering the Eastern District case number. 2. Within twenty (20) days after this order is served, plaintiff shall submit the following documents to the United States Marshal by delivering or mailing them to the United States Marshals Service at 501 I Street, Suite 5600, Sacramento, CA 95814: a. One complete copy of this order; b. One properly completed USM-285 form; c. The summons prepared by the Clerk of the Court; and d. Two complete copies of the endorsed complaint with the caption amended by the Clerk of the Court pursuant to this order. 3. Within ten (10) days after submitting the materials for service to the United States Marshal, plaintiff shall file with this court a document titled "Notice of Submission" in which she states the date on which she delivered or mailed the required documents to the United 2

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States Marshal. Failure to file a Notice of Submission in a timely manner may result in an order imposing appropriate sanctions. 4. Within thirty (30) days after receiving the required documents from plaintiff, the United States Marshal is directed to serve process on defendant Olive Garden by first seeking a waiver of service of summons in accordance with Federal Rule of Civil Procedure 4(d) and by effecting personal service if no waiver is received within the time specified in the request for waiver. DATED: April 22, 2010.

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