Johnson v. San Joaquin County Sheriff's Department et al

Filing 31

ORDER denying 26 USM's request for reimbursement signed by Magistrate Judge Allison Claire on 7/22/15. (cc: USM) (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOLENE JOHNSON,

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Plaintiff,

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No. 2:14-cv-00663-MCE-AC

v.

ORDER

SAN JOAQUIN COUNTY SHERIFF’S
DEPARTMENT, et al.,
Defendants.

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The United States Marshal’s Service (“USM”) filed a request for reimbursement for

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personal service upon defendants on February 23, 2015, as well as copies of Form USM-285.

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ECF Nos. 25, 26. Defendants then filed an opposition to the USM’s request on March 3, 2015,

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asserting that they should not be required to pay the costs of personal service because they had

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filed service waivers. ECF No. 27.

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Federal Rule of Civil Procedure 4(d) imposes the costs of personal service upon any

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defendant who fails to return a waiver without good cause. On January 6, 2015, waivers of

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service dated the same day were filed from both defendants. ECF Nos. 15, 16. Nevertheless, the

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USM’s process receipts reflect that they personally served both defendants on February 19, 2015.

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ECF No. 25. The court finds that Federal Rule 4(d) does not require defendants to pay the costs

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of personal service because they filed the proper service waivers before the USM personally

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served them. Accordingly, IT IS HEREBY ORDERED that the USM’s request for

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reimbursement, ECF No. 26, is DENIED.

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DATED: July 22, 2015

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