Yakkey v. Metro Mart USA et al

Filing 4

OPINION AND ORDER allowing Plaintiffs ADA and negligent infliction of emotional distress claims to proceed. Plaintiffs negligence per se claim is dismissed under 28 U.S.C. § 1915(e)(2)(B). The Clerk is directed to send Plaintiff copies of a USM 285 form, summons, and initial disclosures form, which Plaintiff should complete and return one for Defendant to the Clerk within twenty (20) days of the entry date of this Order. Upon receipt of the forms by the Clerk, the Clerk is directed to prepa re a service waiver package for Defendant. In the event Defendant does not return the Waiver of Service form to the Clerk of Court within thirty-five (35) days following the date the service waiver package was mailed, the Clerk is directed to prepare and transmit to the USMS a service package. Signed by Judge William S. Duffey, Jr on 2/24/17. (Attachments: # 1 Plaintiff's Initial Disclosures, # 2 USM-285 Form, # 3 Summons)(ddm)

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Local Form 440 (12/09) Summons in a Civil Action UNITED STATES DISTRICT COURT for the __________ District of __________ ) ) ) ) ) ) ) Plaintiff v. Defendant Civil Action No. SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Local Form 440 (12/09) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section must be filed with the court unless exempted by Fed. R. Civ. P. 4 (l).) This summons for (name of individual and title, if any) was received by me on (date) . u I personally served the summons on the individual at (place) on (date) ; or u I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or u I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) u I returned the summons unexecuted because ; or ; or u Other (specify): . My fees are $ for travel and $ for services, for a total of $ I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc: .

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