Bigi et al v. Brown et al

Filing 5

ORDER QUASHING SERVICE OF PROCESS. Signed by Magistrate Judge Michael R Merz on 9/2/2014. (kpf1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DAVID BIGI, et al.,
Plaintiffs,

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vs

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Case No. 3:14-cv-282

District Judge Walter Herbert Rice
Magistrate Judge Michael R. Merz

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OFFICER MARK BROWN, et al.,

Defendants.

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ORDER QUASHING SERVICE OF PROCESS

This case is before the Court upon the filing of Returns of Service (Doc. No. 4). The
Proofs of Service show that service was made by Plaintiff David Bigi purportedly by “U.S. cert
mail” on Defendant Mark Brown (PageID 21), by “U.S. mail” on Defendant Jim Stull (PageID
23), and on the City of Beavercreek by “U.S. Mail” (PageID 25).
The purported Proofs of Service herein are QUASHED for the following reasons:
1.

Fed. R. Civ. P. 4(c)(2) does not permit service to be made by a party to the litigation.

2.

Fed. R. Civ. P. 4(e) requires that service on an individual be made personally, by

residential delivery to the defendant’s residence to a person of suitable age and discretion
residing there, or to a designated agent for service of process. In lieu of these methods, an
individual defendant may be served in the manner authorized for service of process from the

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Common Pleas Court. Purported service on Defendants Brown and Stull do not comply with
Fed. R. Civ. P. 4(e).
3.

Fed. R. Civ. P. 4(j) prescribes the method for serving a local government such as

Defendant City of Beavercreek. The purported service on the City of Beavercreek does not
comply with Fed. R. Civ. P. 4(j).
September 2, 2014.
s/ Michael R. Merz
United States Magistrate Judge

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