George v. Leighton et al

Filing 36

MINUTE ORDER denying without prejudice 25 Plaintiff's Motion for Costs of Service. By Magistrate Judge Michael J. Watanabe on 9/15/2015.(emill)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01315-RBJ-MJW
DAVID GEORGE,
Plaintiff,
v.
BONNIE LEIGHTON,
BARBARA SMITH,
COLORADO REAL ESTATE NETWORK, INC., and
JOYCE ANN WAYMAN,
Defendant.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Plaintiff’s Motion for Costs of Service (Docket No.
25) is DENIED WITHOUT PREJUDICE.
Plaintiff’s motion states that a waiver of service was mailed to Defendant
Wayman. It further states that formal service affected in Florida. But the motion neither
(1) states, nor (2) provides documentation showing, that the waiver request was mailed
to the correct address, in Florida. Defendant Wayman provided an affidavit stating that
she received no request for waiver, and that testimony stands uncontradicted at the
moment. Accordingly, Plaintiff’s motion is DENIED, with leave to renew should he be
able to provide proof that he mailed a waiver request complying with Fed. R. Civ. P.
4(d)(1).
Date: September 15, 2015