SMITH v. WAL-MART STORES INC

Filing 6

ORDER re 1 Complaint filed by BRANDON RICARDO SMITH: Clerk directed to complete summons form, USM 285 form and wavier of service forms for service upon Defendant's registered agent w/copy of this order and service copy of complaint. (Notify Chambers on 11/28/2011.). Signed by MAGISTRATE JUDGE GARY R JONES on 10/25/2011. (Copy of complaint, order and completed summons, USM 285, waiver of service forms to USMS.) (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
BRANDON RICARDO SMITH,
Plaintiff,
vs.

Case No: 1:11-cv-226-MP-GRJ

WAL-MART STORES, INC.,
Defendant.
_______________________________/
ORDER
This matter is before the Court on Plaintiff’s complaint. (Doc. 1.) The Court has
granted Plaintiff leave to proceed in forma pauperis and Plaintiff has provided a service
copy of the complaint pursuant to this Court’s order. (Doc. 4.) As a defendant, Plaintiff
has named Wal-Mart Stores, Inc. Pursuant to FED . R. CIV. P. 4(C )(3), because the
Court has granted Plaintiff’s request for leave to proceed as a pauper, the Court will
order the United States Marshal to serve the Defendant’s registered agent in Florida
under FED . R. CIV. P. 4(h)(1).
Accordingly, it is ORDERED:
1. The Clerk of Court is to complete a summons form and a USM 285 form for
service upon Defendant’s registered agent in Florida, CT Corporation System, at 1200
South Pine Island Road, Plantation, Florida, 33324. The Clerk is directed to send a
copy of this order, a completed USM 285 form, a completed summons along with the
service copy of the complaint to the United States Marshal. Pursuant to FED . R. CIV. P.
4(c)(3), all costs of service shall be advanced by the United States.
2. The Marshal shall transmit one Form 1A (revised) waiver form to Plaintiff for
Defendant, along with instructions. The instructions shall require Plaintiff to complete

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and return the form to the United States Marshal's office in Gainesville within twenty
(20) days from the date of receipt thereof. Failure by Plaintiff to return the completed
form within this time period may result in dismissal of the Defendant from this case.
3. Pursuant to FED . R. CIV. P. 4(d), the United States Marshal shall then send
this order, the service copy of the complaint, the completed Form 1A (revised), two
copies of Form 1B (revised), and a prepaid means of compliance to Defendant’s
registered agent in Florida, CT Corporation System, at 1200 South Pine Island Road,
Plantation, Florida, 33324, through first class mail. The Marshal shall mail the forms to
Defendant’s registered agent in Florida as soon as possible so that service or waiver of
service can be completed within 120 days from the date of entry of this order on the
docket as contemplated by FED . R. CIV. P. 4(m).
4. If, after thirty (30) days from the mailing of the waiver of service forms and the
complaint, Defendant has not returned the waiver of service forms (Form 1B (revised)),
the Marshal shall obtain the summons from the Clerk and personally serve the
Defendant pursuant to FED . R. CIV. P. 4(h). Upon completion of service, the Marshal
shall file with the Clerk the return and a written statement of all costs incurred in making
such personal service.
5. The Clerk shall refer this file to the undersigned if the waiver form is returned
for insufficient address or for similar reason, if service on Defendant is returned
unexecuted, or if the Marshal has filed a statement of costs incurred for making
personal service.
DONE AND ORDERED this 25th day of October, 2011.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge
Case No: 1:11-cv-226-MP-GRJ