Edmonds v. Operating Engineers Local 139

Filing 11

Initial Order for Paid Pro Se: Plaintiff directed to serve complaint. Proof of service to be submitted by 1/5/2009. Signed by Judge Barbara B Crabb on 11/7/08. (krj),(ps)

Edmonds v. Operating Engineers Local 139

Doc. 11

Case: 3:08-cv-00644-bbc

Document #: 11

Filed: 11/07/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - FR AN K L IN C. EDMONDS, ORDER Plaintiff, 08-cv-644-bbc v. O P E R A T IN G ENGINEERS LO. 139, D efendan t. - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - T his is a civil action for monetary relief in which plaintiff Franklin Edmonds, who is p ro ceed in g pro se, alleges that he has been discriminated against by defendant Operating En gineers Lo. 139. Plaintiff has paid the $350 fee for filing this case. The next step is for plaintiff to serve his complaint on the defendant. Under Fed. R. Civ. P. 4(m), a plaintiff has 120 days after filing a complaint in which to serve the defendant. However, that is an outside limit with few exceptions. This court requires that a plaintiff act diligently in moving his case to resolution. If plaintiff acts promptly, he should be able to serve his complaint on the defendant well before the deadline for doing so established in Rule 4. To help plaintiff understand the procedure for serving his complaint, I am enclosing with this order a copy of a document titled "Procedure for Serving a C o m p lain t on a Corporation, Partnership or Unincorporated Association in a Federal 1

Dockets.Justia.com

Case: 3:08-cv-00644-bbc

Document #: 11

Filed: 11/07/2008

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L aw suit." In addition, I am enclosing to plaintiff an extra copy of his complaint and forms h e will need to send to the defendant in accordance with the procedures set out in Option 1 of the memorandum. Plaintiff should be aware that in serving his complaint on defendant it will not be necessary for him to include the evidentiary materials he submitted in support of his com plaint. In fact, the 227 pages of exhibits, 4 audio tapes and two union handbooks p etitio n er submitted will be disregarded because they are not necessary to an understanding of his claims. If they were, the complaint would violate Federal Rule of Civil Procedure 8(a)(2 ), which requires that a complaint contain "a short and plain statement of the claim show ing that the pleader is entitled to relief." Because the submission of evidentiary

m aterials at this stage of the lawsuit is contrary to the dictates of Rule 8, I am returning the m aterials to him with his copy of this order.

ORDER IT IS ORDERED that plaintiff promptly serve his complaint on the defendant and file proof of service of his complaint as soon as service has been accomplished. If, by January 5, 2009, plaintiff fails to submit proof of service of his complaint on the defendant or explain his inability to do so, I will direct plaintiff to show cause why his case should not be

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Case: 3:08-cv-00644-bbc

Document #: 11

Filed: 11/07/2008

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d ism issed for lack of prosecution. E n tered this 7t h day of November, 2008. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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