Gunther v. Schmitt

Filing 5

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that plaintiff shall cause service to be effected upon defendant Schmitt 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 de fendant 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 of Intent to Use Private Process Server" form; and iv) two (2) Waiver of Service Forms.. Signed by District Judge Ronnie L. White on 2/1/2017. (NEB)

UNITED ST A TES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

REX GUNTHER,

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Plaintiff,
vs.
DAVID SCHMITT,
Defendant.

Case No. 4: 17-CV-172 RL W

MEMORANDUM AND ORDER

This matter is before the Court upon plaintiffs payment of the full $400 filing fee. Because
plaintiff paid the full filing fee neither the Court nor the United Sates Marshal Service performs
service of process. Plaintiff is responsible for serving 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 defendant David Schmitt with a summons. To do so,

plaintiff must submit to the Court for each of these defendants: 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 Schmitt. 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
Schmitt 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.
alternative,

Or in the

Option II:

Plaintiff has the option of electing to serve defendant Schmitt 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 Schmitt. 1 The Court will order the Clerk
to forward these forms with the copy of this Order. If defendant Schmitt 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 plaintiff shall cause service to be effected upon
defendant Schmitt 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.

; :tr

Dated this

--I----- day of February, 2017.

~L~
RONNIELiVHITE
UNITED STATES DISTRICT JUDGE

1

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.
2