Chesson v. Jerard et al

Filing 18

MEMORANDUM AND ORDER - IT IS ORDERED: To obtain service of process on PHC, 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 Plai ntiff, 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 Amended Complaint to the U.S. Marshal for service of process. The Marshal shall serve the summons and the Amended Complaint without payme nt 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. Plai ntiff 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. The Clerk of the Court is directed to set a case management deadline in this case with the following text: "February 9, 2015: Check for completion of service of summons." 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. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party with Summons and 285 Form)(TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BRIAN S. CHESSON,
Plaintiff,
v.
PARKER HANNIFIN CORPORATION,
ET AL.,
Defendant.

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8:14CV9

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On July 7, 2014, the court
determined that Plaintiff Brian S. Chesson’s Complaint (Filing No. 1) failed to allege an
employment discrimination claim upon which relief may be granted. Chesson filed an
Amended Complaint (Filing No. 17) on August 27, 2014.
The court has carefully reviewed the Amended Complaint. In light of the liberal
construction afforded to pro se litigants’ pleadings, the court finds that Chesson has
alleged claims under the Age Discrimination in Employment Act, 29 U.S.C. §§ 621- 634;
the Nebraska Age Discrimination in Employment Act, Neb. Rev. Stat. §§ 48-1001-1010;
Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2000e-17; and the Nebraska
Fair Employment Practice Act, Neb. Rev. Stat. §§ 48-1101-1126. Accordingly, Chesson’s
claims against Parker Hannifin Corporation (“PHC”) may proceed to service of process.
Although the court finds that Chesson’s claims may proceed against PHC, the court
cautions him that this is only a preliminary determination based on the allegations of the
Amended Complaint and is not a determination of the merits of his claims or potential
defenses thereto. Accordingly,

IT IS ORDERED:
1.

To obtain service of process on PHC, 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 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 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.

5.

The Clerk of the Court is directed to set a case management deadline in this
case with the following text: “February 9, 2015: 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.

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DATED this 10th day of October, 2014.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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