FERNANDEZ OLIVARES v PMI EMPLOYEE LEASING INC
Filing
15
ORDER re 14 Notice to the Court filed by RUBEN C FERNANDEZ OLIVARES - - If plaintiff wishes to proceed with this action, he should request a summons from the clerk and have this action served in accordance with the relevant provi sions of Fed.R.Civ.P. 4. - - He should endeavor to ensure that this second attempt at service is complete and file proof thereof with the court within twenty-eight days from the date of this order. - -(Miscellaneous Deadline - by 8/25/2010. ) - - - Signed by MAGISTRATE JUDGE MILES DAVIS on July 28, 2010. (cbj)
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FERNANDEZ OLIVARES v PMI EMPLOYEE LEASING INC
Doc. 15
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION RUBEN C. FERNANDEZ-OLIVARES Plaintiff, vs. PMI EMPLOYEE LEASING, INC.. Defendants. 5:10cv55/RS/MD
ORDER This case is before the court upon plaintiff's notice to the court concerning service of process filed in response to the court's order of July 20, 2010. In his notice plaintiff confirms that he personally served the documents on PMI. Although he states that this was done "according to Fed.R.Civ.P.4(c)(2)," in fact that rule provides that "[a]ny person who is at least 18 years old and not a party may serve a summons and complaint." Therefore, service was improper for that reason.1
Accordingly, it is ORDERED: If plaintiff wishes to proceed with this action, he should request a summons from the clerk and have this action served in accordance with the relevant provisions of Fed.R.Civ.P. 4. He should endeavor to ensure that this second attempt at service is complete and file proof thereof with the court within twenty-eight days from the date of this order.
1There is insufficient inform a tio n in the record for the court to determ in e whether Donna Johnson was a u th o r iz e d to receive service in behalf of PMI pursuant to Fed.R.Civ.P. 4(h).
Dockets.Justia.com
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DONE AND ORDERED this 28th day of July, 2010.
/s/
Miles Davis
MILES DAVIS UNITED STATES MAGISTRATE JUDGE
Case No: 5:10CV55/RS/MD
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