Banks v. Albertson's Deal & Delivery

Filing 9

ORDER. IT IS FURTHER ORDERED that Plaintiff's second amended complaint shall proceed on his Title VI claim against Albertsons. IT IS FURTHER ORDERED that Plaintiff's claims against Jane Doe 1, Jane Doe 2, Albert, and Vivek Sankaran are d ismissed without prejudice and with leave to amend. IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to do the following: Issue a summons for Albertsons Deal and Delivery and to send Plaintiff a copy of the issued summons. Send Plaintiff a copy of this order. Send Plaintiff a copy of the Form USM-285. Send the United States Marshals Service ("USMS") a copy of Plaintiff's second amended complaint (ECF No. 8 ). IT IS FURTHER ORDERED that on or before August 2, 2024, Plaintiff must do the following: Complete the summons he receives from the Clerk's Office. Complete the Form USM-285 he receives from the Clerk's Office. Send a copy of the completed summons and completed Form USM-285 to the USMS for service on Albertsons.IT IS FURTHER ORDERED that, within twenty-one days after receiving a copy of the Form USM-285 back from the USMS showing whether service has been accomplished, Plaintiff must file a notice with the Court identify ing the unserved defendant and specifying a more detailed name and/or address for said defendant or whether some other manner of service should be attempted. IT IS FURTHER ORDERED that Plaintiff shall have until October 7, 2024 to serve Albertsons . See Fed. R. Civ. P. 4(m). Proof of service due by 10/7/2024. Signed by Magistrate Judge Daniel J. Albregts on 7/8/2024. (Attachments: # 1 USM-285)(Copies have been distributed pursuant to the NEF. CC: Copy of 8 Second Amended Complaint emailed to USM. - RJDG)

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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.

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