Padilla v. ACS Group

Filing 22

ORDER granting service by United States Marshal, by Magistrate Judge Craig B. Shaffer on 1/26/2015. (tscha, )

IN THE UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02556-RBJ-CBS
SARAH PADILLA,
Plaintiff,
v.
ACS RECOVERY INC.,
MATTHEW CLASS, and
DOE 1-5,
Defendants.
_______________________________________________________________________________
ORDER GRANTING SERVICE BY UNITED STATES MARSHAL
_______________________________________________________________________________
Magistrate Judge Craig B. Shaffer
This civil action comes before the court for personal service of the First Amended Complaint
(Doc. # 20) on Defendant ACS Recovery, Inc. and Matthew Class. Ms. Padilla is proceeding in
forma pauperis pursuant to 28 U.S.C. § 1915. See November 4, 2014 “Order Granting Plaintiff
Leave to Proceed Pursuant to 28 U.S.C. § 1915” (Doc. # 8)). Upon information and belief,
Defendant ACS Recovery, Inc. maintains a principal place of business at 5720 Tonawanda Creek,
Lockport, New York 14094-9535 . (See Amended Complaint (Doc. # 50) at ¶ 3). Mr. Class is the CEO
of ACS Recovery, Inc. Accordingly,
IT IS ORDERED that the Clerk of the Court, where appropriate, shall attempt to obtain a
waiver of service from ACS Recovery, Inc. and Matthew Class. If a waiver of service cannot be
obtained by the Clerk, the United States Marshal shall serve a copy of the First Amended Complaint
(Doc. # 20) and summons (Docs. # 21 and # 21-1) upon Defendant ACS Recovery, Inc. and
Matthew Class. Where appropriate, the Marshal shall first attempt to obtain a waiver of service
pursuant to Fed. R. Civ. P. 4(d). All costs of service shall be advanced by the United States.
It is FURTHER ORDERED that after service of process, ACS Recovery, Inc. and Matthew
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Class shall respond to the First Amended Complaint as provided for in the Federal Rules of
Civil Procedure.
DATED at Denver, Colorado, this 26th day of January, 2015.
BY THE COURT:

s/ Craig B. Shaffer
United States Magistrate Judge

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