S. et al v. Sam's East, Inc.

Filing 59

ORDER denying Third Party Plaintiff Sam's East, Inc.'s Motion for Appointment of Special Process Server 56 . Signed on 9/28/16 by Chief District Judge Greg Kays. (Strodtman, Tracy)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
S.S., a minor by and through her next friends
Becky Sartory and Mark Sartory, and
Becky Sartory, individually,
Mark Sartory, individually,
Plaintiffs,
v.
SAM’S EAST, INC.,
Defendant/Third Party Plaintiff,
v.
T&D METAL PRODS.,
T&D METAL PRODS., CO.,
T&D METAL PRODS., LLC, and
THE REMLINE CO.,
Third Party Defendants.

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No. 4:15-cv-873-DGK

ORDER DENYING THIRD PARTY PLAINTIFF’S MOTION TO
APPOINT SPECIAL PROCESS SERVER
Pending before the Court is Third Party Plaintiff Sam’s East, Inc.’s (“Sam’s”), Motion for
Appointment of Special Process Server (Doc. 56). Sam’s requests that the Court appoint Dennis
Dahlberg of Dennis Dahlberg & Associates, LLC, as special process server for the limited
purpose of serving its Third Party Complaint.
“Any person who is at least 18 years old and not a party may serve a summons and
complaint.” Fed. R. Civ. P. 4(c)(2). However, under Federal Rule of Civil Procedure 4(c)(3), a
court “may order that service be made by a United States marshal or deputy marshal or by a
person specially appointed by the court.” A court appointment under Rule 4(c)(3) is “necessary

only when the process server needs to be invested with the authority that accompanies a court
order.” 4A Charles A. Wright and Arthur R. Miller, Federal Practice & Procedure § 1091 (3d
ed. 2002) (emphasis added).
Sam’s has not indicated why a court-appointed process server is required to effect service
in this matter. If Sam’s feels that special court authority to serve process is necessary, it must
provide reasons supporting its motion. Accordingly, the motion (Doc. 56) is DENIED.
IT IS SO ORDERED.
Date:

September 28, 2016

/s/ Greg Kays
GREG KAYS, CHIEF JUDGE
UNITED STATES DISTRICT COURT

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