Bass v. Roberts Dairy
Filing
9
MEMORANDUM AND ORDER- To obtain service of process on Defendant, Plaintiff must complete and return the summons form which the Clerk of the court will provide. The Clerk of the court shall send ONE (1) summons form and ONE (1) USM-285 form to Plainti ff 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. Upon receipt of the completed forms, the Clerk of the court will sign the sum mons form, to be forwarded with a copy of the Amended Complaint to the U.S. Marshal for service of process. Plaintiff is granted, on the courts own motion, an extension of time until 120 days from the date of this order to complete service of proces s. The Clerk of Court is directed to set a pro se case management deadline inthis case with the following text: "December 15, 2011: Check for completionof service of summons;". Ordered by Judge Laurie Smith Camp. (Copies mailed as directed)(MKR)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CARL BASS,
Plaintiff,
v.
ROBERTS DAIRY COMPANY, LLC,
Defendant.
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CASE NO. 8:11CV146
MEMORANDUM
AND ORDER
This matter is before the court on its own motion. On June 23, 2011, 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 July 20, 2011. (Filing No. 8.) After reviewing the
Amended Complaint, the court finds that Plaintiff has complied with its June 23, 2011,
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 which the Clerk of the court will provide. The Clerk
of the court shall send ONE (1) summons form and ONE (1) 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, 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
twenty (20) 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: “December 15, 2011: Check for completion
of service of summons;” and
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 17th day of August, 2011.
BY THE COURT:
s/Laurie Smith Camp
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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