Edwards-Conrad v. Southern Baptist Hospital of Florida, Inc. et al

Filing 10

ORDER granting 3 Motion to Quash and directing Plaintiff to provide the Court with certification of service and documents reflecting proper, completed service upon each defendant no later than 4/18/2013. Signed by Magistrate Judge Monte C. Richardson on 4/4/2013. (BEE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
PENELOPE EDWARDS-CONRAD,
Plaintiff,
vs.

Case No. 3:13-cv-260-J-25MCR

SOUTHERN BAPTIST HOSPITAL OF
FLORIDA, INC., et al.,
Defendant.
_____________________________________/

ORDER
THIS CAUSE is before the Court on Defendants’ Motion to Quash Service of
Process (Doc. 3) filed March 11, 2013. On April 2, 2013, pro se Plaintiff filed a
Response in Opposition to Defendants’ Motion (Doc. 9). Accordingly, this matter is now
ripe for judicial review.
On February 15, 2013, Plaintiff initiated the instant action against Defendants in
the Circuit Court in and for Nassau County, Florida, alleging violations of the Americans
with Disabilities Act of 1990, codified at 42 U.S.C. § 12101, et seq.1 Plaintiff’s Petition
was removed to this Court on March 11, 2013 and an Amended Petition was filed on
April 2, 2013 (Doc. 8).
Plaintiff’s initial Petition was served via regular United States mail and facsimile
on Defendants. This is improper. Because Plaintiff is proceeding pro se, the
1

According to Defendants, they are improperly identified in the current case caption.
Defendant Lyerly's full legal name is "Lyerly Baptist, Inc.," and Defendant Baptist Medical Center,
Jacksonville, Florida is an inaccurate trade name of "Southern Baptist Hospital of Florida, Inc."
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undersigned will provide further instruction regarding service; however, the Court notes
that it is Plaintiff’s responsibility to ensure compliance with the Federal Rules of Civil
Procedure, and failure to timely or otherwise properly perfect service of process may
result in the dismissal of a case in its entirety. The Clerk’s Office will mail to Plaintiff a
blank summons for each listed defendant.2 Plaintiff should complete a summons for
each of the listed defendants and return it to the Clerk’s Office to be issued. Once the
summonses are issued, Plaintiff is responsible for having them properly served upon
each defendant,3 along with a copy of the Amended Petition.4 Once service has been
executed, Plaintiff shall file the executed Return of Service for each defendant.
Under Federal Rule of Civil Procedure 4(e)(2), proper service may be
accomplished by “delivering a copy of the summons and of the complaint to the
individual personally,” “leaving a copy of each at the individual's dwelling or usual place
of abode with someone of suitable age and discretion who resides there,” or “delivering
a copy of each to an agent authorized by appointment or by law to receive service of
process.” Where service is “insufficient but curable,” courts “generally should quash the
service and give the plaintiff an opportunity to re-serve the defendant.” Gregory v.
United States, 942 F.2d 1498, 1500 (10th Cir.1991) (quotation omitted).
Accordingly, after due consideration it is
2

According to Defendants, a summons has not yet been issued.

3

“Any person who is at least 18 years old and not a party may serve a summons and
complaint.” Fed. R. Civ. P. 4(c)(2).
4

“A summons must be served with a copy of the complaint. The plaintiff is responsible
for having the summons and complaint served within the time allowed by Rule 4(m) and must
furnish the necessary copies to the person who makes service.” Fed. R. Civ. P. 4(c)(1).
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ORDERED:
1.

Defendants’ Motion to Quash Service of Process (Doc. 3) is GRANTED.

On or before Thursday, April 18, 2013, Plaintiff shall provide the Court with certification
of service and documents reflecting proper, completed service upon each defendant.5
2.

The Clerk is directed to furnish Plaintiff with a Step By Step Guide to Filing

a Civil Action in the United States District Court Jacksonville Division.
DONE AND ORDERED in Chambers in Jacksonville, Florida this 4th day of
April, 2013.

Copies to:
Counsel of Record
Pro Se Plaintiff

5

Failure to do so or to show good cause for failing to do so with respect to any
defendant will result in the dismissal of that defendant from this action without further notice.
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