Lee v. Trump et al

Filing 19

ORDER Denying without prejudice 9 Motion that all proceedings be in publications, Denying without prejudice 13 Motion Filed that the Following Orders Prepared be Granted to Inc. a Minimum $10 Billion Default Judgment for the Plaintiff, and Denying without prejudice 14 Motion for Emergency Situation Hearing. Signed by Magistrate Judge Cam Ferenbach on 5/23/12. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ROBIN M. LEE,
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Plaintiff,
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v.
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DONALD J. TRUMP, et al.,
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Defendant.
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2:12-cv-00077-RCJ -VCF
ORDER

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Before the court are plaintiff Robin M. Lee’s Motion That All Proceedings Be In Publications

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(#9), “Motion That Following Orders Prepared Be Granted To Inc. A Minimum $10 Billion Default

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Judgment” (#13), and Motion For Emergency Situation Hearing (#14).

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Background

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Plaintiff Lee’s complaint was filed on January 17, 2012. (#1). Summons were issued on the

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same day. (#3). On February 22, 2012, plaintiff filed a motion for default judgment. (#8). On April

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23, 2012, the court denied plaintiff’s motion for default judgment, and ordered that the clerk of the court

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shall “re-issue [3] Summons and shall mail newly issued Summons to Plaintiff as to the following

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parties: Trump Corporation and Donald J. Trump.” (#11). The court also ordered that plaintiff “shall

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have to and including 120 days from the date the summons are issued within which to serve Plaintiff’s

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Complaint on Defendants in full compliance with the requirements of Rule 4 of the Federal Rules of

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Civil Procedure.” Id. On the same day, the clerk issued summon as to Donald J. Trump and Trump

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Corporation. (#12).

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Relevant Law

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Pursuant to Fed. R. Civ. P. 4(a), a summons must be directed to the defendant, state the time

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within which the defendant must appear and defend, and notify the defendant that a failure to appear

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and defend will result in a default judgment against the defendant for the relief demanded in the

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complaint. Rule 4(c)(1) provides that “[a] summons must be served with a copy of the complaint,” and

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that the “plaintiff is responsible for having the summons and complaint served within the time allowed

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by Rule 4(m) and must furnish the necessary copies to the person who makes service.” Fed. R. Civ. P.

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4(c)(1). Once a defendant has been served with a summons and a copy of the complaint, proof of

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service must be made to the court. Fed. R. Civ. P. 4(l)(1). If a defendant is not served within 120 days

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after the complaint is filed, the court may dismiss the action. Fed. R. Civ. P. 4(m).

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Parties may file motions requesting a court order. Fed. R. Civ. P. 7(b). Local Rule 7-2(a)

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provides that “[a]ll motions, unless made during a hearing or trial, shall be in writing and served on all

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other parties who have appeared.”

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Discussion

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Since the summons (#12) were issued on April 23, 2012, plaintiff has until August 21, 2012, to

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provide proof of service of the summons and complaint. (#11). To date, no proof of service has been

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filed. As defendants have not been served with a summons and a copy of the complaint or a copy of

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the plaintiff’s motions (#9, #13, and #14), defendants have not been given an opportunity to appear in

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the action, to defend against the allegations in the complaint (#1), or to respond to the plaintiff’s pending

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motions (#9, #13, and #14). See Fed. R. Civ. P. 4(a), (c)(1), and (l)(1); LR 7-2(a). The court will deny

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the pending motions (#9, #13, and #14) without prejudice, with leave for plaintiff to renew the motions

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after the defendants have been properly served and after plaintiff has filed proof of service with the

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court.

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Accordingly, and for good cause shown,

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IT IS ORDERED that Robin M. Lee’s Motion That All Proceedings Be In Publications (#9),

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“Motion That Following Orders Prepared Be Granted To Inc. A Minimum $10 Billion Default

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Judgment” (#13), and Motion For Emergency Situation Hearing (#14) are DENIED without prejudice.

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Plaintiff may renew these motions after defendants have been properly served with a summons and a

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copy of the complaint and after plaintiff has filed proof of service with the court. Fed. R. Civ. P. 4(a),

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(c)(1), and (l)(1).
DATED this 23rd day of May, 2012.

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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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