Johnson v. Nordstrom et al

Filing 27

ORDER denying Plaintiff's 24 MOTION for Service by Court. Signed by Judge Lauren King. (SS) (cc: Plaintiff via USPS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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AMANDA JOHNSON,
v.

Plaintiff,

CASE NO. 2:23-cv-01813-LK
ORDER DENYING MOTION FOR
SERVICE

NORDSTROM et al.,
Defendants.

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This matter comes before the Court on Plaintiff Amanda Johnson’s “Motion the Court to

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Service the Defendant[s].” Dkt. No. 24. Her one sentence motion states that she is “motioning the

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court to serve all of the defendant[s].” Id. at 1. The Court construes the motion as a request that

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the Court order the U.S. Marshals to serve her amended complaint.

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Under Federal Rule of Civil Procedure 4(c)(3), “[a]t the plaintiff’s request, the court may

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order that service be made by a United States marshal or deputy marshal or by a person specially

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appointed by the court.” Fed. R. Civ. P. 4(c)(3). But the court is not obligated to do so unless the

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plaintiff is “authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a seaman under

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28 U.S.C. § 1916.” Id. Ms. Johnson has paid the filing fee and is not proceeding in forma pauperis
ORDER DENYING MOTION FOR SERVICE - 1

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or as a seaman. See Nov. 28, 2023 Docket Entry. The Court therefore is not required to order

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service.

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When a plaintiff has paid the filing fee, Rule 4(c)(3) “vests the Court with discretion to

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order service.” Chan v. Ryan, No. 22-CV-01796-LK, 2023 WL 197429, at *3 (W.D. Wash. Jan.

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17, 2023). “This discretion is exercised only in limited circumstances, such as when a law

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enforcement presence appears necessary or advisable to keep the peace or when a hostile defendant

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threatens injury to the process server.” Id. (quotation marks and citation omitted). Plaintiffs

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seeking court-ordered service should set forth what steps they have already taken to accomplish

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service and explain why a court order is necessary. Id. Here, Ms. Johnson does not explain what

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steps, if any, she has taken to accomplish service or why she needs the Court’s assistance to do so.

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The Court therefore declines to order service, see Davis v. United Servs. Auto. Ass’n, No. C23-

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1838-JLR, 2024 WL 1023502, at *1–2 (W.D. Wash. Feb. 7, 2024); Carter v. Thrasher, No. C22-

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0050-BHS, 2022 WL 782424, at *1–2 (W.D. Wash. Mar. 15, 2022), and DENIES Ms. Johnson’s

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motion for service, Dkt. No. 24.

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Dated this 3rd day of June, 2024.

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A

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Lauren King
United States District Judge

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ORDER DENYING MOTION FOR SERVICE - 2