Joe Hand Promotions, Inc. v. Peterson
Filing
26
STRICKEN - 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 FOUR summons forms and FOUR 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. Th e Clerk of the court is directed to set a pro se case management deadline in this case with the following text: December 16, 2013: Check for completion of service of summons. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party with Summonses and 285 forms)(GJG) Modified on 8/19/2013 to strike pursuant text order filing 27. (GJG).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TODD M. HEYNE,
Plaintiff,
v.
MITSUBISHI MOTORS NORTH
AMERICA, Inc., et al.,
Defendants.
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8:12CV421
MEMORANDUM
AND ORDER
This matter is before the court on its own motion. On March 28, 2013, the court
entered a Memorandum and Order allowing Plaintiff to amend his Complaint to
sufficiently allege a product liability claim against Defendants upon which relief may be
granted. (Filing No. 8.) Thereafter, Plaintiff filed an Amended Complaint. (Filing No.
9.) After reviewing the Amended Complaint, the court finds that Plaintiff has complied
with its Memorandum and Order and that service on Defendants is now warranted.
Although the court finds that Plaintiff’s claims may proceed against Defendants, the court
cautions Plaintiff that this is only a preliminary determination based only on the
allegations of the Amended Complaint and is not a determination of the merits of
Plaintiff’s claims or potential defenses thereto.
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 FOUR summons forms and FOUR 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 summonses and the 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: “December 16, 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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DATED this 19th day of August, 2013.
BY THE COURT:
s/ John M. Gerrard
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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