Espinosa v. Johnson et al

Filing 93

ORDER. IT IS THEREFORE ORDERED that the USMS must attempt service on Defendant Lombardo. IT IS FURTHER ORDERED that the Clerk of Court issue a summons for Defendant Lombardo and deliver the same to the USMS for service together with one copy of ea ch of the following documents: this Order, the operative complaint (ECF No. 70 ), the Court's Screening Order (ECF No. 9 ), and the address for Defendant Lombardo filed under seal (ECF No. 86 ). IT IS FURTHER ORDERED that the Clerk of Cour t send Plaintiff one blank USM-285 form, together with a copy of this Order.IT IS FURTHER ORDERED that Plaintiff shall have until October 23, 2024 to fill out the required USM-285 form and send it to the USMS. Plaintiff must fill out the blank spa ce asking for the defendant's address by specifying that Defendant Lombardo's address is filed under seal in Case No. 2:23-cv-00125-GMN-BNW at ECF No. 86 . IT IS FURTHER ORDERED that the USMS must, in accordance with Federal Rule of Civ il Procedure 4(c)(3), attempt service on Defendant Lombardo no later than 20 days after receipt of the completed USM-285 form. IT IS FURTHER ORDERED that the USMS is to file the return of service under seal given that Defendant Lombardo's add ress shall remain sealed. IT IS FURTHER ORDERED that if Plaintiff fails to comply with this Order, Plaintiff's claims against Defendant Lombardo may be subject to dismiss for failure to complete service of process pursuant to Federal Rule of Civil Procedure 4(m). Clerk status check on 10/23/2024. Signed by Magistrate Judge Brenda Weksler on 9/23/2024. (For Distribution by law library.) (Attachments: # 1 USM 285)(Copies have been distributed pursuant to the NEF - RJDG)

PROCESS RECEIPT AND RETURN

U.S. Department of Justice
United States Marshals Service

See "Instructions for Service of Process by U.S. Marshal"

PLAINTIFF

COURT CASE NUMBER

DEFENDANT

TYPE OF PROCESS

SERVE
AT

{

NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
ADDRESS (Street or RFD, Apartment No., City, State and ZIP Code)
Number of process to be
served with this Form 285
Number of parties to be
served in this case
Check for service
on U.S.A.

SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW

SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses,
All Telephone Numbers, and Estimated Times Available for Service):

Signature of Attorney other Originator requesting service on behalf of:

PLAINTIFF

TELEPHONE NUMBER

DATE

DEFENDANT

SPACE BELOW FOR USE OF U.S. MARSHAL ONLY - DO NOT WRITE BELOW THIS LINE
I acknowledge receipt for the total
number of process indicated.
(Sign only for USM 285 if more
than one USM 285 is submitted)

Total Process

District of
Origin

District to
Serve

No.

No.

Signature of Authorized USMS Deputy or Clerk

Date

I hereby certify and return that I
have personally served ,
have legal evidence of service,
have executed as shown in "Remarks", the process described on the
individual, company, corporation, etc., at the address shown above on the on the individual, company, corporation, etc. shown at the address inserted below.
I hereby certify and return that I am unable to locate the individual, company, corporation, etc. named above (See remarks below)
Name and title of individual served (if not shown above)

Date

Time

am
pm

Address (complete only different than shown above)

Signature of U.S. Marshal or Deputy

Costs shown on attached USMS Cost Sheet >>
REMARKS

Form USM-285
Rev. 03/21

INSTRUCTIONS FOR COMPLETING USM-285, PROCESS RECEIPT AND RETURN
The Form USM-285 is a five-copy form set designed as a control document for process served
by a U.S. Marshal or designee. Process may include, but is not limited to, a summons and
complaint, subpoena, writ, or court order. The United States Marshals Service (USMS) is
authorized by law (28 U.S.C. 1921) to charge fees for the service of process. The amount of
fees charged is established by regulation (28 C.F.R. 0.114). Except in cases where the litigant
has been granted permission by the court for waiver of prepayment of fees and costs, the USMS
must request advance payment of the estimated fees and expenses for service of process.
Please type or print legibly. Submit one copy of the Form USM-285 and one copy of each
process for each individual, company, corporation, government agency, etc., to be served or
property to be seized.
In cases where the court has directed the USMS to effect service of a summons and complaint
upon an officer or agent of the United States Government, submit a copy of the summons and
complaint and Form USM-285 for each officer or agent upon whom service is desired. Submit
two (2) additional copies of the summons and complaint for service upon the Government of the
United States. The U.S. Marshal or designee will serve one copy upon the U.S. Attorney and
will forward the other copy to the Attorney General of the United States. (When the applicable
box is checked, completion of the final signature block by the U.S. Marshal or designee certifies
service on the U.S. Attorney and the U.S. Attorney General, regardless of whether other
defendants on the summons were served). Failure to provide sufficient copies will delay service
of the summons.
Mark all applicable check boxes and use the "Special Instructions" to advise of any information
that will assist the USMS in expediting service. You are responsible for providing accurate and
sufficient information that will identify the individual or entity to be served or the property to be
seized.
If more than one item of process and Form USM-285 is submitted on a single case, the U.S.
Marshal or designee will receipt for all of them on the first Form USM-285. You will receive
for your records the "Acknowledgment of Receipt" copy for all the USM-285 forms you submit.
When the process is served, you will receive the "Notice of Service" copy. This copy will be
identical to the return to the Clerk of the U.S. District Court.
Upon completion of all services, you will receive a "Billing Statement" copy of Form
USM-285. You should return this "Billing Statement" copy to the USMS, together with your
payment, in the form of a certified or bank check payable to the U.S. Marshal, for any amounts
still owed. The USMS will not accept personal checks.