Brantely v. BNSF Railway Company

Filing 9

MEMORANDUM AND ORDER- Plaintiffs Motion for Paperwork (filing no. 8 ) is denied. To obtain service of process on Defendant, Plaintiff must complete and return the summons forms which the Clerk of the court will provide. The Clerk of the court sha ll send ONE summons forms and ONE USM-285 forms to Plaintiff, together with a copy of this Memorandum and Order. Plaintiff shall, as soon as possible, complete the forms and send the completed forms back to the Clerk of the court. In the absence o f the forms, service of process cannot occur. The Clerk of Court is directed to set a pro se case management deadline in this case with the following text: July 9, 2013: Check for completion of service of summons. ***Pro Se Case Management Dead lines: ( Pro Se Case Management Deadline set for 7/9/2013: Check for completion of serviceof summons.) 8 MOTION for paperwork filed by Kenneth Brantely. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with one Summons and USM-285 form)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KENNETH BRANTELY,
Plaintiff,
v.
BNSF RAILWAY COMPANY,
Defendant.

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4:12CV3215

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s Amended Complaint (filing no. 7)
and Motion for Paperwork (filing no. 8). On December 4, 2012, the court conducted
an initial review of Plaintiff’s Complaint and determined that it failed to state a claim
upon which relief could be granted. (Filing No. 6.) However, the court gave Plaintiff
until January 2, 2013, to file an amended complaint. (Id. at CM/ECF p. 7.) On
December 31, 2012, Plaintiff filed an Amended Complaint. (Filing No. 7.)
After reviewing Plaintiff’s Amended Complaint, and when liberally construed,
Plaintiff has alleged sufficient facts to state Title VII and Age Discrimination in
Employment Act claims against BNSF Railway Company. Plaintiff’s claims may
proceed to service in accordance with this Memorandum and Order.
Also pending is Plaintiffs Motion for Paperwork. (Filing No. 8.) In the motion,
Plaintiff asks the court to direct the “EEOC & Human Right Comm.” to give him all
of his paperwork. (Id.) Plaintiff’s Motion is denied, however, if Plaintiff seeks copies
of court documents, he should contact the Clerk of the court to determine the proper
method of requesting and paying for copies.

IT IS THEREFORE ORDERED that:
1.
To obtain service of process on Defendant, Plaintiff must complete and
return the summons forms which the Clerk of the court will provide. The Clerk of the

court shall send ONE summons forms and ONE USM-285 forms to Plaintiff, together
with a copy of this Memorandum and Order. Plaintiff shall, as soon as possible,
complete the forms and send the completed forms back to the Clerk of the court. In
the absence of the forms, service of process cannot occur.
2.
Upon receipt of the completed forms, the Clerk of the court will sign the
summons forms, to be forwarded with a copy of the Complaint and Amended
Complaint to the U.S. Marshal for service of process. The Marshal shall serve the
summons and Complaint and Amended Complaint without payment of costs or fees.
Service may be by certified mail pursuant to Federal Rule of Civil Procedure 4 and
Nebraska law in the discretion of the Marshal. The Clerk of the court will copy the
Amended Complaint, and Plaintiff does not need to do so.
3.
Federal Rule of Civil Procedure 4 requires service of the complaint on
a defendant within 120 days of filing the complaint. However, because in this order
Plaintiff is informed for the first time of these requirements, Plaintiff is granted, on
the court’s own motion, an extension of time until 120 days from the date of this order
to complete service of process.
4.
Plaintiff is hereby notified that failure to obtain service of process on a
defendant within 120 days of the date of this order may result in dismissal of this
matter without further notice as to such defendant. A defendant has 21 days after
receipt of the summons to answer or otherwise respond to a complaint.
5.
The Clerk of Court is directed to set a pro se case management deadline
in this case with the following text: “July 9, 2013: Check for completion of service
of summons.”
6.
The parties are bound by the Federal Rules of Civil Procedure and by the
Local Rules of this court. Plaintiff shall keep the court informed of his current address
at all times while this case is pending. Failure to do so may result in dismissal.
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7.

Plaintiffs Motion for Paperwork (filing no. 8) is denied.

DATED this 11th day of February, 2013.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

*This opinion may contain hyperlinks to other documents or Web sites. The
U.S. District Court for the District of Nebraska does not endorse, recommend,
approve, or guarantee any third parties or the services or products they provide on
their Web sites. Likewise, the court has no agreements with any of these third parties
or their Web sites. The court accepts no responsibility for the availability or
functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or
directs the user to some other site does not affect the opinion of the court.
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