Reynolds v. AAA Auto Club Enterprises

Filing 13

ORDER. Plaintiff is directed to provide the clerk the correct address of defendant for purposes of service of process by May 15, 2012. Further, 12 MOTION for Entry of Default filed by Atrella Reynolds is denied, as defendant has not been properly served.Signed by Chief Judge David R. Herndon on 5/3/12. (mtm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ATRELLA REYNOLDS,
Plaintiff,
v.

Case No. 12-cv-200-DRH-DGW

AAA AUTO CLUB ENTERPRISES,
Defendant.
MEMORANDUM AND ORDER
HERNDON, Chief Judge:
This matter comes before the Court for case management. Plaintiff
motioned for and was granted leave to proceed without prepayment of fees or
costs (Doc. 3). Defendant has not been properly served, as the summons was
returned unexecuted (Docs. 7, 11). An unexecuted summons does not amount to
proper service.
The Clerk of Court is DIRECTED to complete, on plaintiff’s behalf, a
summons and a form USM-285 using information provided by plaintiff; the Clerk
shall issue the completed summons. As to the information required of plaintiff, it
appears plaintiff’s complaint does not bear the correct address of defendant for
purposes of service of process, as the summons bearing that address has been
returned unexecuted. It is plaintiff’s responsibility to provide the Clerk with the
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correct address of defendant’s agent authorized to accept service of process. See
Fed. R. Civ. P. 4(h)(1)(B). The Court shall not independently investigate the
correct address of defendant. Accordingly, plaintiff is ORDERED to provide the
correct address to the Clerk of the Court to enable effective service of process
upon defendant. Plaintiff shall provide this information by May 15, 2012.
The United States Marshal SHALL, pursuant to Federal Rule of Civil
Procedure 4, personally serve upon defendant the summons, a copy of the
complaint, and a copy of this Memorandum and Order. All costs of service shall
be advanced by the United States, and the Clerk shall provide all necessary
materials and copies to the United States Marshals Service.
It is FURTHER ORDERED that plaintiff shall serve upon defendant, or if
an appearance has been entered by counsel, upon that attorney, a copy of every
pleading or other document submitted for consideration by this Court. Plaintiff
shall include with the original paper to be filed a certificate stating the date that a
true and correct copy of the document was mailed to defendant or counsel. Any
paper received by a district judge or a magistrate judge that has not been filed
with the Clerk or that fails to include a certificate of service will be disregarded by
the Court.
Additionally, plaintiff is ADVISED that she is under an obligation to keep
the Clerk of Court and opposing counsel informed of her address; the Court will
not independently investigate her whereabouts. This shall be done in writing and
not later than 7 days after a change in address occurs. Failure to comply with

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this order will cause a delay in the transmission of court documents and may
result in dismissal of this action under Federal Rule of Civil Procedure 41.
Finally, the Court DENIES plaintiff’s motion for entry of default, as
defendant has not been served (Doc. 12).

Digitally signed by
David R. Herndon
Date: 2012.05.03
09:44:21 -05'00'

IT IS SO ORDERED.
Signed this 3rd day of May, 2012.

Chief Judge
United States District Court

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