Kosmicki v. Cornhusker Autoplex et al

Filing 8

MEMORANDUM AND ORDER - To obtain service of process on Defendants, Plaintiff must complete and return the summons forms that the Clerk of the court will provide. The Clerk of the court shall send two summons forms and two 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. Upon receipt of th e completed forms, the Clerk of the court will sign the summons forms, to be forwarded with a copy of the Amended Complaint to the U.S. Marshal for service of process. The Marshal shall serve the summons and Amended Complaint without payment of co sts 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. The Clerk of the court is directed to set a pro se case management deadline in this case with the following text: "August 29, 2013: Check for completion of service of summons." Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RONALD KOSMICKI,
Plaintiff,
v.
CORNHUSKER AUTOPLEX, Inc., and
CORNHUSKER MOTORS, Inc.,
Defendants.

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CASE NO. 4:12CV3230

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On January 23, 2013, the court
entered a Memorandum and Order allowing Plaintiff to amend his Complaint in order to
clearly state a claim upon which relief may be granted against Defendants. (Filing No. 6.)
Plaintiff filed an Amended Complaint on February 21, 2013. (Filing No. 7.) After reviewing
the Amended Complaint, the court finds that Plaintiff has complied with its January 23
Memorandum and Order, and Plaintiff’s claims under Title VII of the Civil Rights Act, the
Age Discrimination in Employment Act, and the Americans with Disabilities Act may
proceed to service.
IT IS THEREFORE ORDERED that:
1.

To obtain service of process on Defendants, Plaintiff must complete and
return the summons forms that the Clerk of the court will provide. The Clerk
of the court shall send two summons forms and two 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 Amended Complaint to
the U.S. Marshal for service of process. The Marshal shall serve the
summons 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 the court is directed to set a pro se case management deadline
in this case with the following text: “August 29, 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.

DATED this 30th day of April, 2013.
BY THE COURT:

s/Laurie Smith Camp
Chief 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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