Roman v. Tyco Simplex Grinnell

Filing 6

ORDER: As the Court does not issue summonses, Plaintiff Gilbert Roman's Motion to Return Copies of Summons and Complaint (Doc. # 4 ) is DENIED. If Roman wishes to proceed in this action, he must complete a summons and present it to the Cler k's Office for issuance. Once the summons is issued by the Clerk, Roman must serve a copy of the Complaint and summons on the Defendant by March 20, 2017, as required by Federal Rule of Civil Procedure 4. After Roman has served the Defendant, he must file a proof of service document with the Court. Signed by Judge Virginia M. Hernandez Covington on 1/3/2017. (DMD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
GILBERT ROMAN,
Plaintiff,
v.

Case No. 8:16-cv-3449-T-33AEP

TYCO SIMPLEX GRINNELL,
Defendant.
______________________________/
ORDER
This

matter

comes

before

the

Court

sua

sponte

and

pursuant to pro se Plaintiff Gilbert Roman’s Motion to Return
Copies of Summons and Complaint (Doc. # 4), filed on December
30, 2016. For the reasons that follow, the Motion is denied.
Furthermore, the Court takes this opportunity to explain the
requirements of service to Roman.
I.

Discussion
In his Motion, Roman requests that the Court return

copies of Roman’s summons and Complaint to him so that he may
serve the Defendant. (Doc. # 4). However, the Court cannot
issue a summons on a plaintiff’s motion. Rather, a plaintiff
must apply to the Clerk’s Office with a properly completed

1

summons that the Clerk then signs, seals, and issues to the
plaintiff. As Federal Rule of Civil Procedure 4(b) explains:
On or after filing the complaint, the plaintiff may
present a summons to the clerk for signature and
seal. If the summons is properly completed, the
clerk must sign, seal, and issue it to the plaintiff
for service on the defendant. A summons—or a copy
of a summons that is addressed to multiple
defendants—must be issued for each defendant to be
served.
Fed. R. Civ. P. 4(b). A summons provided to the Clerk must:
(A) name the court and the parties; (B) be directed
to the defendant; (C) state the name and address of
the plaintiff’s attorney—or—if unrepresented—of
the plaintiff; (D) state the time within which the
defendant must appear and defend; [and] (E) notify
the defendant that a failure to appear and defend
will result in a default judgment against the
defendant for the relief demanded in the complaint.
Fed. R. Civ. P. 4(a)(1).
The summons Roman mailed to the Clerk did not comply
with the requirements of Rule 4, and thus cannot be issued.
Roman must complete a new summons containing all the required
information and present it to the Clerk for issuance. The
preferred summons form, form AO 440, is available on the
Middle

District

without

a

of

Florida’s
Lawyer”

website

on

page,

the

“Proceeding

available

at

https://www.flmd.uscourts.gov/pro_se/docs/pro-seForms.htm.
Because

“a

summons

must

be

served

with

a

copy

of

the

complaint,” it is imperative that Roman submit a properly

2

completed summons form to the Clerk’s Office to be signed,
sealed, and then returned to him. Fed. R. Civ. P. 4(c)(1).
Once Roman is issued a summons, Roman must serve on the
Defendant the summons and a copy of the Complaint, which he
rather than the Court or Clerk

provides, in the manner

contemplated by Rule 4. The methods for serving an individual
within a judicial district of the United States are detailed
in

Rule

4(e),

and

the

requirements

for

service

on

a

corporation, partnership, or association are outlined in Rule
4(h). Under Rule 4(h)(1), a corporation, partnership, or
association within a judicial district of the United States
may

be

served

in

the

same

manner

outlined

for

serving

individuals in Rule 4(e)(1) or
By delivering a copy of the summons and of the
complaint to an officer, a managing or general
agent, or any other agent authorized by appointment
or by law to receive service of process and—if the
agent is one authorized by statute and the statute
so requires—by also mailing a copy of each to the
defendant.
Fed. R. Civ. P. 4(h)(1)(b).
Additionally, “[t]he 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). The deadline for
Roman to accomplish service is March 20, 2017, which is 90

3

days from the date he filed the Complaint. See Fed. R. Civ.
P. 4(m). Failure to properly effect serve of process by this
date may result in dismissal of the case. Id.
Once service has been accomplished, Roman is required
to file the proof of service with the Court in accordance
with Rule 4(l). That Rule states the following,
Unless service is waived, proof of service must be
made to the court. Except for service by a United
States marshal or deputy marshal, proof must be by
the server’s affidavit.
Fed. R. Civ. P. 4(l)(1).
If

Roman

is

interested

in

maintaining

the

present

action, he must become familiar with the Federal Rules of
Civil Procedure, along with the Local Rules of the Middle
District of Florida. As mentioned above, the “Proceeding
without a Lawyer” page on the Middle District of Florida’s
website is one valuable resource regarding the litigation
process to which Roman may refer, but on which he should not
exclusively rely.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

As the Court does not issue summonses, Plaintiff Gilbert
Roman’s Motion to Return Copies of Summons and Complaint
(Doc. # 4) is DENIED. If Roman wishes to proceed in this

4

action, he must complete a summons and present it to the
Clerk’s Office for issuance.
(2)

Once the summons is issued by the Clerk, Roman must serve
a copy of the Complaint and summons on the Defendant by
March 20, 2017, as required by Federal Rule of Civil
Procedure 4.

(3)

After Roman has served the Defendant, he must file a
proof of service document with the Court.
DONE and ORDERED in Chambers in Tampa, Florida, this 3rd

day of January, 2017.

5