White v. Commissioner of Social Security

Filing 8

ORDER signed by Magistrate Judge Kendall J. Newman on 7/24/2013 ORDERING 7 Plaintiff's request for default is DENIED WITHOUT PREJUDICE. Within 28 days of this order, plaintiff shall complete service of process by serving the Commissioner, th e USA for the EDCA, and the Attorney General of the US at Washington, D.C., as specified above and in the FRCP, with the complaint, summons, scheduling order, a copy of this order, and other appropriate case documents. Within 28 days of this order, plaintiff shall file a declaration demonstrating that such service of process has been completed. The deadlines outlined in the scheduling order will track the date of such service.(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NATE WHITE,

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No. 2:13-cv-0626-KJN
Plaintiff,

v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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Plaintiff Nate White, represented by counsel, filed this social security action on April 1,

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2013, and paid the filing fee. (ECF No. 1.) Presently pending before the court is plaintiff’s

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request for the entry of default against the Commissioner. (ECF No. 7.) For the reasons

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discussed below, the court denies plaintiff’s request without prejudice and orders further service

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on the Commissioner.

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In addition to serving the Commissioner itself, a plaintiff in a social security action is

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required to deliver a copy of the summons and complaint to the United States attorney for the

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district where the action is brought (i.e., the United States Attorney for the Eastern District of

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California), and to send a copy of the summons and complaint by registered or certified mail to

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the Attorney General of the United States at Washington, D.C. See Fed. R. Civ. P. 4(i)(1)(A) &

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(B), (2). According to the affidavit of the process server filed by plaintiff, plaintiff served the
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Commissioner by personally delivering a copy of the summons and complaint to an individual

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named Mimi Taylor at 6401 Security Boulevard, Baltimore, MD 21235 on April 29, 2013. (ECF

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No. 5.) However, it appears that plaintiff did not also serve the United States Attorney for the

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Eastern District of California or the Attorney General of the United States at Washington, D.C.,

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and that service of process thus has not been completed.

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Moreover, the Commissioner has previously advised the court that, due to inherent delays

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when service is made upon the Commissioner in Baltimore, M.D., a copy of the summons and

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complaint should instead be sent by registered or certified mail to the Commissioner of Social

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Security, c/o Office of General Counsel, Region IX, 160 Spear Street, Suite 800, San Francisco,

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CA, 94105-1545. See Fed. R. Civ. P. 4(i)(2). Although plaintiff’s counsel cannot be faulted for

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being unaware of this information, it possibly explains the delay encountered by plaintiff’s

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counsel, in addition to the fact that plaintiff did not complete the other components for service of

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process on the Commissioner.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for default (ECF No. 7.) is DENIED WITHOUT PREJUDICE.

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2. Within 28 days of this order, plaintiff shall complete service of process by serving the

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Commissioner, the United States Attorney for the Eastern District of California, and

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the Attorney General of the United States at Washington, D.C., as specified above and

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in the Federal Rules of Civil Procedure, with the complaint, summons, scheduling

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order, a copy of this order, and other appropriate case documents.

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3. Within 28 days of this order, plaintiff shall file a declaration demonstrating that such

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service of process has been completed. The deadlines outlined in the scheduling order

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will track the date of such service.

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IT IS SO ORDERED.
Dated: July 24, 2013

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