Slobotski v. Price Gregory Construction
MEMORANDUM AND ORDER that the Clerk of the court shall send one summons form and one USM-285 form 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 b ack to the Clerk of the court who will forward to U.S. Marshal for service. The Clerk of the court is directed to set a pro se case management deadline in this case with the following text: "January 7, 2011: Check for completion of service of summons."Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party with (1) summons and (1) 285 Form)(ADB, )
Slobotski v. Price Gregory Construction
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA ROGER SLOBOTSKI, Plaintiff, v. PRICE GREGORY CONSTRUCTION, Inc., Defendant. ) ) ) ) ) ) ) ) ) ) 8:10CV190
MEMORANDUM AND ORDER
This matter is before the court on its own motion. On August 17, 2010, 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 Defendant. (Filing No. 7.) Plaintiff filed an Amended Complaint on August 27, 2010. (Filing No. 9.) After reviewing the Amended Complaint, the court finds that Plaintiff has complied with its August 17, 2010, Memorandum and Order and that service on Defendant is now warranted. IT IS THEREFORE ORDERED that: 1. To obtain service of process on Defendant, Plaintiff must complete and return the summons form that the Clerk of the court will provide. The Clerk of the court shall send one summons form and one USM-285 form 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 form, 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 Fed. R. Civ. P. 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. Fed. R. Civ. Pro. 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: "January 7, 2011: 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.
September 9, 2010.
BY THE COURT: Richard G. Kopf 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.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?