Reynolds v. AAA Auto Club Enterprises

Filing 44

ORDER directing plaintiff to provide the Court with defendant's correct address for service of process by September 14, 2012. Signed by Chief Judge David R. Herndon on 8/31/2012. (mtm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ATRELLA REYNOLDS,
Plaintiff,
v.
AAA AUTO CLUB ENTERPRISES,
Defendant.

Case No. 12-cv-200-DRH-DGW
MEMORANDUM AND ORDER

HERNDON, Chief Judge:
This matter comes before the Court for case management. Defendant has
not been properly served, as the summons has been twice returned unexecuted
(Docs. 15, 39). Plaintiff has not provided the Court with defendant’s correct
address for service of process. As the Court has previously informed plaintiff,
should she wish to service process on defendant’s Texas registered agent, she is
directed to contact the Texas Secretary of State's office at 512-463-5555 or email
at [e-mail] to request the name of the registered agent for the
defendant to enable service upon the proper registered agent. Although the time
for service has since passed, the Court has decided to allow plaintiff additional
time to properly serve defendant, pursuant to FEDERAL RULE
4(m).
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OF

CIVIL PROCEDURE

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,
the Court again reiterates that it is plaintiff’s responsibility to provide the Clerk
with the 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 September
14, 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

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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
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.

Digitally signed by
David R. Herndon
Date: 2012.08.31
10:42:24 -05'00'

IT IS SO ORDERED.
Signed this 31st day of August, 2012.

Chief Judge
United States District Court

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