Ashworth v. Mumbower et al

Filing 62

ORDER re 61 Notice (Other) filed by Timothy Ashworth: Clerk directed to send notice and waiver to Cathy Wilson. Signed by Magistrate Judge Donald G. Wilkerson on 3/18/16. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TIMOTHY ASHWORTH,
Plaintiff,
v.
STEVE MUMBOWER, et al.,
Defendants.

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Case No. 3:15-cv-182-NJR-DGW

ORDER
WILKERSON, Magistrate Judge:
On December 22, 2015, Plaintiff filed an Second Amended Complaint naming Cathy
Wilson as a party-defendant in her capacity as the personal representative of Bill Wilson, who is
deceased. Plaintiff sought service of process by the United States Marshal as provided by Federal
Rule of Civil Procedure 4(c)(3); that motion was granted, however, Ms. Wilson’s address was not
known to the Court. Plaintiff has since provided that information, in camera, to the Court and
service can now be accomplished.
The Clerk of Court shall prepare for Defendant CATHY WILSON: (1) Form 5 (Notice of
a Lawsuit and Request to Waive Service of a Summons), and (2) Form 6 (Waiver of Service of
Summons). The Clerk is DIRECTED to mail these forms, a copy of the Second Amended
Complaint, and this Memorandum and Order to the Defendant at the address provided by the
Court. If Defendant WILSON fails to sign and return the Waiver of Service of Summons (Form
6) to the Clerk within 30 days from the date the forms were sent, the Clerk shall take appropriate
steps to effect formal service on Ms. Wilson, and the Court will require that Ms. Wilson pay the
full costs of formal service, to the extent authorized by the Federal Rules of Civil Procedure.
Any documentation of the address of Ms. Wilson shall be retained only by the Clerk.
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Address information shall not be maintained in the court file or disclosed by the Clerk.
IT IS SO ORDERED.
DATED: March 18, 2016

DONALD G. WILKERSON
United States Magistrate Judge

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