Ervin v. Agape Senior

Filing 43

ORDER directing Plaintiff to amend her Complaint to reflect the proper defendant and to provide service documents for Ebenezer Senior Services, LLC., and defendant is directed to advise the court whether it will agree to accep t service of an Amended Complaint and amended summons in this case. Plaintiff has twenty-one (21) days from the date of this order (plus three days for mail time) to submit the Amended Complaint and service documents. Signed by Magistrate Judge Paige J Gossett on 8/3/2015. (gmil)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Demetria Latrice Ervin,

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Plaintiff,
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v.
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Agape Senior,
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Defendant.
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_____________________________________ )

C/A No. 0:15-917-JFA-PJG

ORDER

This is a civil action filed by a pro se litigant. (ECF No. 1.) Under Local Civil Rule
73.02(B)(2) (D.S.C.), pretrial proceedings in this action have been referred to the assigned United
States Magistrate Judge.
The defendant has filed a motion to dismiss the Complaint, which indicates that Plaintiff has
incorrectly identified the defendant in this action as Agape Senior.1 (ECF No. 34 at 6.) The
defendant states that Agape Senior is a marketing name and that Ebenezer Senior Services, LLC, is
Plaintiff’s former employer and the actual target of this lawsuit. (Id.) Therefore, Plaintiff is directed
below to amend her Complaint to reflect the proper defendant and to provide service documents for
Ebenezer Senior Services, LLC.
TO DEFENDANT:
The defendant is directed to advise the court whether it will agree to accept service of an
Amended Complaint and amended summons in this case. If the defendant agrees to accept service
of the amended documents, it must file a waiver of service to “avoid unnecessary expenses of serving
the summons.” Fed. R. Civ. P. 4(d).
TO PLAINTIFF:
Under General Order In Re: Procedures in Civil Actions Filed by Non-Prisoner Pro Se
Litigants, No. 3:07-mc-5015-JFA (D.S.C. Sept. 18, 2007), the undersigned is giving Plaintiff
twenty-one (21) days from the date this order is entered (plus three days for mail time) to:

1

The defendant’s motion to dismiss (ECF No. 34) is recommended for denial in a Report and
Recommendation issued in this case.
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1) Submit an Amended Complaint reflecting the proper defendant, Ebenezer Senior
Services, LLC. Briefly state the facts of your claim against this defendant, in the
“statement of claims” section, and what relief you request. A blank complaint form
is attached for Plaintiff’s use.
2) Complete a summons form for Ebenezer Senior Services, LLC. In the space
following “TO: (Defendant’s name and address),” Plaintiff is required to provide a
complete name and a full address where the defendant can be served pursuant to Rule
4 of the Federal Rules of Civil Procedure. Plaintiff’s complete name and full
address must be provided in the blank section following “plaintiff or plaintiff’s
attorney, whose name and address are.” Handwritten information must be printed
and legible. Nothing else should be written by Plaintiff on either the front or
back of the summons or in the margins. A blank summons form is attached for
Plaintiff’s use.
3) Complete, sign, and return a Form USM-285 for Ebenezer Senior Services, LLC.
Only one defendant’s name and street address should appear on each form. The
defendant’s complete name and street address should be placed in the spaces
preceded by the words, “SERVE AT.” Plaintiff’s name and address should be placed
in the space designated, “SEND NOTICE OF SERVICE COPY TO . . .,” and
Plaintiff should sign where the form requests, “Signature of Attorney or other
Originator . . . .” Plaintiff must provide the defendant’s complete street address on
the form (not a post office box address). Plaintiff must provide, and is responsible
for, information sufficient to identify the defendant on the Form USM-285. The
United States Marshal cannot serve an inadequately identified defendant, and
unserved defendants may be dismissed as parties to this case. A blank form is
attached for Plaintiff’s use.
Plaintiff must place the civil action number listed above (C/A No. 0:15-917-JFA-PJG) on
any document provided to the court pursuant to this order. Any future filings in this case must be
sent to the address below (901 Richland Street, Columbia, South Carolina 29201). All
documents requiring Plaintiff’s signature shall be signed with Plaintiff’s full legal name written in
Plaintiff’s own handwriting. Pro se litigants shall not use the “s/typed name” format used in the
Electronic Case Filing System. In all future filings with this court, Plaintiff is directed to use lettersized (8½ inches by 11 inches) paper only, to write or type text on one side of a sheet of paper only
and not to write or type on both sides of any sheet of paper. Plaintiff is further instructed not to write
to the edge of the paper, but to maintain one inch margins on the top, bottom, and sides of each paper
submitted.

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TO THE CLERK OF COURT:
The Clerk of Court shall mail a copy of this order and the documents listed above to Plaintiff.
IT IS SO ORDERED.
____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
August 3, 2015
Columbia, South Carolina

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