Griepsma v. Wend et al
ORDER TO SHOW CAUSE directing Defendants to show cause within 21 days of this order why default should not be entered against them in this action for failure to plead or otherwise defend. Counsel for defendants is directed to advise the Court as to the status of any effort to obtain an address for Rogers. Clerk directed to update docket with names as indicated on the waivers of service of summons. Signed by Hon. Mary Alice Theiler. (PM) cc: plaintiff via the USPS.
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
JAMES D. GRIEPSMA,
CASE NO. C16-1843-JLR-MAT
ORDER TO SHOW CAUSE
CHARLIE WEND, et al.,
Plaintiff, proceeding pro se and in forma pauperis, submitted an amended 42 U.S.C. §
1983 civil rights complaint. (Dkt. 4.) On December 6, 2016, the Court docketed the complaint
and directed service on twenty named defendants.
submitted a Notice of Appearance. (Dkt. 6.) In December and early January 2016, nineteen
defendants submitted waivers of service of summons reflecting an answer to the amended
complaint would be filed within sixty days after December 7, 2016. (Dkts. 7, 9-10.) Defendants
have not, however, submitted an answer, or a motion permitted under Rule 12 of the Federal
Rules of Civil Procedure, within that timeframe. Accordingly, the Court does hereby ORDER as
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Counsel for defendants
Defendants shall SHOW CAUSE within twenty-one (21) days of the date on
which this Order is signed why default should not be entered against them in this action for
failure to plead or otherwise defend.
The Court also seeks clarification from counsel for defendants. By letter dated
December 21, 2016, counsel indicated an ongoing attempt to locate two defendants who no
longer work for Skagit County in order to obtain acceptance of service. (Dkt. 7.) While one of
the individuals named on the letter subsequently submitted his waiver, the Court has not received
any waiver from or further information regarding defendant Brianna Rogers.
defendants is directed to advise the Court as to the status of any effort to obtain an address for
Rogers.1 Also, the Court presumes a returned waiver signed by Guillermo Fiaria (see Dkt. 10 at
3) is submitted in response to the only other named defendant – “Deputy Garcia” – who has not
yet submitted a waiver of service of summons. Counsel for defendants must promptly notify the
Court if that presumption is inaccurate.
The Clerk is directed to update the docket with the names as indicated on the
waivers of service of summons, and to send a copy of this Order to the parties and to the
Honorable James L. Robart.
DATED this 28th day of February, 2017.
Mary Alice Theiler
United States Magistrate Judge
Plaintiff is advised that, ultimately, he bears the burden of providing addresses for
defendants and that, without that information, service cannot be effectuated. Pursuant to Federal
Rule of Civil Procedure 4(m), there is a 120-day time limit for service and, if a defendant is not served
within 120 days after the complaint is filed, the court—on motion or on its own after notice to the
plaintiff—must dismiss the action without prejudice against that defendant or order that service be made
within a specified time. However, if plaintiff showed good cause for the failure, the court would extend
the time for service for an appropriate period. Fed. R. Civ. P. 4(m).
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