Smith v. Bank of America et al

Filing 30

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs Motion to Waiver Service of a Complaint (ECF No. 29 ) is DENIED. Plaintiff shall cause service to be effected upon defendant Hilburg no later than 90 days from the date of the filing of t he complaint. In absence of good cause shown, failure to timely serve said defendant shall result in the dismissal of Plaintiffs claims as tosaid defendant without prejudice. IT IS FURTHER ORDERED that the Clerk of Court shall forward to Plaintif f with a copy of this Order: i) a file-stamped copy of the complaint; ii) two (2) summons forms; iii) a "Notice of Intent to Use Private Process Server" form; and iv) two (2) Waiver of Service Forms. (A copy of this Order and list of documents mailed USPS to defendant.) Signed by District Judge Ronnie L. White on 03/22/2017. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

EDDIE SMITH,
Plaintiff,
vs.
BANK OF AMERICA, et al.,
Defendants.

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Case No. 4:16-CV-1917 RLW

MEMORANDUM AND ORDER

This matter is before the Court upon Plaintiffs Motion to Waiver Service of a Complaint
(ECF No. 29). Plaintiff states that in his Motion that he requests "entry of a judgment by default
against the defendant [Harry Hilburg]." Plaintiff also, however, includes a self-produced Waiver
of the Service of Summons. (ECF No. 29-1). From the record, it is unclear if Plaintiff has
effectuated service on defendant Hilburg. Plaintiff is responsible for serving each defendant
pursuant to Rule 4 of the Federal Rules of Civil Procedure. Listed below are two options for
service of process. Plaintiff must follow one of these two options:
Option I:

Plaintiff must serve the defendants with a summons. To do so, Plaintiff must

submit to the Court for each defendant: i) a filed-stamped copy of his complaint; ii) two (2)
completed summons forms (AO Form 440); and iii) two (2) completed "Notice of Intent to Use
Private Process Server" forms . The "Notice of Intent to Use Private Process Server" form must
include the name and address of the process server who will be effectuating service upon
defendant Hilburg. Plaintiff must complete these forms and return them to the Clerk's Office.
Once Plaintiff submits these forms, the Clerk's Office will sign and seal his summons and return
them to him. The summons must then be served upon defendant Hilburg by a private process
server, and return of service must be filed with the Court. Attached to this Order are the necessary
forms for service of the complaint by summons. Or in the alternative,

Option II:

Plaintiff has the option of electing to serve defendant Hilburg with the Wavier

of Service form pursuant to Federal Rule of Civil Procedure 4(d). If Plaintiff uses this option, he
must fill out two (2) Waiver of Service forms and send them, along with a copy of the complaint
and a self-addressed and stamped envelope to defendant Hilburg. 1 The Court will order the Clerk
to forward these forms with the copy of this Order. If defendant Hilburg chooses not to waive
service, Plaintiff will then need to use a private process server as described above in Option I.
According! y,
IT IS HEREBY ORDERED that Plaintiffs Motion to Waiver Service of a Complaint
(ECF No. 29) is DENIED. Plaintiff shall cause service to be effected upon defendant Hilburg no
later than 90 days from the date of the filing of the complaint. In absence of good cause
shown, failure to timely serve said defendant shall result in the dismissal of Plaintiffs claims as to
said defendant without prejudice.
IT IS FURTHER ORDERED that the Clerk of Court shall forward to Plaintiff with a
copy of this Order: i) a file-stamped copy of the complaint; ii) two (2) summons forms ; iii) a
"Notice oflntent to Use Private Process Server" form; and iv) two (2) Waiver of Service Forms.
Dated this 22nd day of March, 2017.

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RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

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If plaintiff chooses to serve defendant by waiver, he should file a notice with the Court informing
the Court of his intention. Additionally, after defendant signs one copy of the waiver and returns it
to Plaintiff, Plaintiff should file his copy of the signed waiver with the Court.

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