Adams et al v. B P America Production Company

Filing 30

MEMORANDUM ORDER denying 29 Motion for Entry of Default. Signed by Magistrate Judge Mark L Hornsby on 4/14/2011. (crt,Alexander, E)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

BENJAMIN ADAMS, ET AL

CIVIL ACTION NO. 10-cv-1607

VERSUS

JUDGE STAGG

BP AMERICA PRODUCTION CO.

MAGISTRATE JUDGE HORNSBY

MEMORANDUM ORDER
Four self-represented plaintiffs filed this civil action against BP America Production
Co. They allege that BP has drilled on 640 acres of land in DeSoto Parish and underpaid
related royalties.
The court recently found a plausible basis for the exercise of diversity jurisdiction and
advised Plaintiffs that the next step is for them to serve their complaint. Plaintiffs were
advised that the procedure for making service is set forth in Federal Rule of Civil Procedure
4, and they were granted an extension through May 2, 2011 to file in the record proof of valid
service, absent which their complaint may be subject to dismissal.
Plaintiffs submitted a few days later a Request for Entry of Default (Doc. 29) in which
they pointed to a summons issued by the court on March 8, 2011. The Clerk may have issued
the summons, but it is up to Plaintiffs to actually serve the summons and a copy of the
complaint on BP through its registered agent for service or by other means permitted by Rule
4. The mere issuance of the summons by the Clerk is not equal to service and does not
require BP to answer. Accordingly, the Request for Entry of Default (Doc. 29) is denied.

THUS DONE AND SIGNED in Shreveport, Louisiana, this 14th day of April, 2011.

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