Murph v. Silver Memories

Filing 8

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: 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 forms and o ne 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. 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 summo ns and the 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 Comp laint and Amended Complaint, and Plaintiff does not need to do so. 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. Plaintiff is hereby notified that failure to obtain servic e 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 compl aint. The Clerk of Court is directed to set a pro se case management deadline in this case with the following text: "October 17, 2013: Check for completion of service of summons." The parties are bound by the Federal Rules of Civil Proced ure and by the Local Rules of this court. Plaintiff shall keep the court informed of her current address at all times while this case is pending. Failure to do so may result in dismissal. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TANYA MURPH,
Plaintiff,
v.
SILVER MEMORIES, Inc.,
Defendant.

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8:13CV11

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On May 16, 2013, the court
entered a Memorandum and Order allowing Plaintiff to amend her Complaint to allege
that she has exhausted her administrative remedies with respect to her allegations of
retaliation against Defendant. (Filing No. 6.) Plaintiff filed an Amended Complaint on
June 13, 2013. (Filing No. 7.) After reviewing the Amended Complaint, the court finds
that Plaintiff has complied with its May 16, 2013, Memorandum and Order and that
service on Defendant is now warranted. Although the court finds that Plaintiff’s claims
may proceed against Defendant, 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 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 forms 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 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 the

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 Complaint and 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: “October 17, 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 her current address
at all times while this case is pending. Failure to do so may result in dismissal.
DATED this 20th day of June, 2013.
BY THE COURT:
s/ Joseph F. Bataillon
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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