LANGILLE v. HOFER

Filing 4

ORDER AND NOTICE TO PLAINTIFF: Clerk shall forward Plaintiff a copy of Fed.Civ.P.4 and two blank summons forms. If summons returned, Clerk directed to issue all summonses w/21 days for Defendant SUARZ and 60 days for remaining Defe ndants. Plaintiff shall provide the Court with certification of service. (Summons returned for Issuance by 7/12/2012. Certification of Service Deadline by 10/11/2012. Notify Chambers on 10/12/2012.). Signed by MAGISTRATE JUDGE GARY R JONES on 6/22/2012. (jws)(Summons & Rule 4 to Pla.)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION

DEANNA LANGILLE,
Plaintiff,
v.

Case No. 1:12-cv-127-MP-GRJ

JAY HOFER, et al.,
Defendants.

ORDER AND NOTICE TO PLAINTIFF
Plaintiff initiated this case by filing a pro se complaint (Doc. 1) and paying the
filing fee. Because Plaintiff is not proceeding as a pauper in this case, Plaintiff is
responsible for service of process upon the Defendants, pursuant to Fed. R. Civ. P.
4(m), which states:
Summons: Time Limit for Service. If service of the
summons and complaint is not made upon a defendant
within 120 days after the filing of the complaint, the court,
upon motion or on its own initiative after notice to the
plaintiff, shall dismiss the action without prejudice as to that
defendant or direct that service be effected within a specified
time; provided that if the plaintiff shows good cause for the
failure, the court shall extend the time for service for an
appropriate period. This subdivision does not apply to
service in a foreign country pursuant to subdivision (f) or
(j)(1).
Plaintiff's Complaint was filed on June 13, 2012. Thus, all Defendants must be
served on or before October 11, 2012.
Before counsel has appeared for Defendant, Plaintiff shall send to Defendant a
copy of every further pleading, motion, or other paper filed by Plaintiff in this case. After
counsel has appeared for Defendant, the copy shall be sent directly to counsel for

Defendant, rather than to the Defendant personally. Plaintiff shall include with each
pleading, motion, or other paper submitted to be filed a certificate stating the date that
an accurate copy of the pleading, motion, or other paper was mailed to Defendant or
counsel for Defendant. If any pleading, motion, or other paper submitted to be filed and
considered by the Court does not include a certificate of service upon Defendant or
counsel for Defendant, it will be stricken by the Court.
Plaintiff shall immediately advise the Court of any change of address. She shall
entitle the paper "Notice to the Court of Change of Address" and not include any
motions in it. This notice shall contain only information pertaining to the address
change and the effective date of such.
Both parties shall insure that all exhibits accompanying any pleadings which they
submit to the Court shall be individually marked for identification and a table of contents
or index shall be included to aid the Court in location of such documentary exhibits.
If Defendant files a motion to dismiss, Plaintiff shall have TWENTY (20) DAYS to
file his response to the motion to dismiss. Pro se Plaintiff is advised out of an
abundance of caution1 that the granting of this motion would represent an adjudication
of this case which may foreclose subsequent litigation on the matter. If Defendant files
a motion to dismiss that is supported by affidavits or other documents, the Court will
construe the motion to dismiss as a motion for summary judgment, and Plaintiff shall
have TWENTY (20) DAYS to file his response. If Defendant files a motion for summary

1

See Griffith v. Wainwright, 772 F.2d 822 (11th Cir. 1985), and Milburn v. United
States, 734 F.2d 762 (11th Cir. 1984) wherein the Court expressed concern about pro se
litigants in summary judgment cases.
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judgment, Plaintiff shall have TWENTY (20) DAYS to file his response. In preparing a
response to a motion to dismiss (construed as a motion for summary judgment), or a
motion for summary judgment, Plaintiff should be aware of the provisions of Rule 56 of
the Federal Rules of Civil Procedure.
Rule 56 provides that when a motion for summary judgment is supported by
affidavits and/or other documents, the party opposing the motion may not depend upon
the mere allegations in his pleadings to counter it. Pursuant to Rule 56, the party
opposing the motion must respond with counter sworn affidavits and/or documents to
set forth specific facts showing that there is a genuine issue of material fact in dispute.
If the opposing party fails to respond to the motion or responds, but the response does
not comply with the requirements of Rule 56 as stated above, the Court may declare
that the facts in the affidavits and/or documents supporting the motion are established
as true and that there is no genuine issue of material fact in dispute. In that event, if
the applicable law allows, the party or parties who filed the motion will be entitled to
have the motion granted and final judgment entered in his/their favor based upon the
pleadings, affidavits, and other documentation. If the motion is granted, there will be no
trial, and the case will be terminated in this Court.
Accordingly, it is ORDERED:
1. The Clerk shall forward to Plaintiff a copy of Fed. R. Civ. P. 4 and two blank
summons forms. Plaintiff has already provided a summons form for each named
Defendant, but because the United States is a defendant, the U.S. Attorney for
the Northern District of Florida and the U.S. Attorney General must also be
served, pursuant to Fed. R. Civ. P. 4(I).
2. Plaintiff shall complete each summons and return them to the Clerk within 20
days of this date. If the summons are completed and returned, the Clerk shall
issue summons for each Defendant. Defendant Suarz, a private individual, shall
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have twenty-one (21) days to respond to the complaint. The remaining
Defendants, United States agencies or officers, shall have sixty (60) days to
respond to the complaint, pursuant to Fed. R. Civ. P. 12(a).
3. On or before October 11, 2012, Plaintiff shall provide the Court with
certification of service and documents reflecting proper, completed service of
process upon each Defendant, or waiver of service. Failure to provide proof of
proper service or waiver for a particular Defendant, or failure to show good cause
for the failure to effect service within the time allotted, could result in the
dismissal of that Defendant from this action without further notice.
4. After a response to the complaint has been filed by a Defendant, Plaintiff is
required to mail to the attorney for the Defendant a copy of every pleading or
other paper, including letters, submitted for consideration by the Court. Plaintiff
must include with the original paper to be filed with the Clerk of Court a certificate
of service which states the date a correct copy of the paper was mailed to the
Defendant or the attorney representing the Defendant. Any paper submitted for
filing after a response to the complaint has been filed which does not contain a
certificate of service shall be returned by the Clerk and disregarded by the Court.
5. The Clerk shall return the file to the undersigned upon the filing of the last
answer by the Defendants or no later than October 12, 2012.
DONE AND ORDERED this 22nd day of June 2012.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge

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