Edmond v. Broadmoor Hotel, Inc. et al

Filing 17

ORDER re: 15 Order to Show Cause is DISCHARGED. By Magistrate Judge Kristen L. Mix on 4/30/2014. (trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03262-RBJ-KLM
MICHAEL SEAN EDMOND,
Plaintiff,
v.
BROADMOOR HOTEL, INC., and
DANA BARTON, Director of Recruitment,
Defendants.
_____________________________________________________________________
ORDER DISCHARGING ORDER TO SHOW CAUSE
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on the Order to Show Cause [#16] issued on April
8, 2014. The Order was based on the fact that Defendant Dana Barton (“Barton”) has not
been served with the Summons and Complaint in this action and, therefore, is not currently
a proper party. Plaintiff filed this civil action on December 2, 2013 [#1]. On January 6,
2014, the United States Marshal was directed to serve a copy of the Summons and
Complaint on all Defendants in the above-captioned matter. [#11]. On January 11, 2014,
the Summons was returned unexecuted for Defendant Barton with a notation that
Defendant Broadmoor Hotel, Inc. does not accept process for individuals but, rather, only
accepts process for companies with which it is contracted. [#12] at 2. No forwarding
address was provided. The Court therefore ordered that Plaintiff show cause why the
Court should not recommend that the case against Defendant Barton be dismissed
pursuant to Fed. R. Civ. P. 4(m) & 41(b). Plaintiff timely filed a Response [#16] to the

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Order. In the Response, he provides a new address at which Defendant Barton may be
served. Accordingly,
IT IS HEREBY ORDERED that the Order to Show Cause [#15] issued on April 8,
2014 is DISCHARGED.
IT IS FURTHER ORDERED that, if appropriate, the Clerk shall attempt to obtain a
waiver of service pursuant to Fed. R. Civ. P. 4(d) from Defendant Barton at the following
address: Dana Barton, Citizen’s Service Center, Dept.: Pikes Peak Workforce Center,
1675 Garden of the Gods Road, Colorado Springs, Colorado 80907. If unable to do
so, the United States Marshal shall serve a copy of the Complaint [#1], Summons, and this
Order on Defendant Dana Barton at the above address. All costs of service shall be
advanced by the United States.
IT IS FURTHER ORDERED that Defendant Dana Barton or her counsel shall
respond to the Complaint [#1] as provided for in the Federal Rules of Civil Procedure after
service of process on her.

Dated: April 30, 2014

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