Roeben, Henry v. Home Depot

Filing 4

Initial Order for Paid Pro Se: Plaintiff directed to serve complaint. Proof of service due 12/11/2013. Signed by Magistrate Judge Peter A. Oppeneer on 10/17/2013. (jef),(ps)

PROCEDURE FOR SERVING A COMPLAINT ON
A CORPORATION, PARTNERSHIP OR UNINCORPORATED ASSOCIATION
IN A FEDERAL LAWSUIT
A plaintiff suing a corporation, partnership or unincorporated association in federal
court may satisfy the service requirements of Fed. R. Civ. P. 4 by following one of two
procedures.
Option One
Plaintiff may notify a defendant corporation, partnership, or association’s “officer,
managing or general agent or other agent authorized by appointment or law to receive service
of process” in writing of the filing of his lawsuit and request that the defendant waive service
of a summons. Fed. R. Civ. P. 4(d)(1). If plaintiff chooses this method of service, plaintiff
must
!

complete an original and one copy of a form titled “Notice of a Lawsuit and
Request to Waive Service of a Summons” (blank notice forms are available on
our website at www.wiwd.uscourts.gov);

!

address a large envelope to the officer, managing or general agent or other
agent and place the following documents inside:
a)
b)
c)
d)

an original and one copy of the completed notice form;
a blank form titled “Waiver of Service of Summons” (also
available on our website);
a copy of the complaint filed in federal court; and
a self-addressed, stamped envelope for the defendant’s use in
returning the waiver form;

!

mail the envelope to the officer or agent by first-class mail or other reliable
means;

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allow the defendant "a reasonable time to return the waiver, which shall be at
least 30 days from the date on which the request is sent . . . ." (Fed. R. Civ.
P. 4(d)(1)(F)).

!

mail a copy of the signed waiver form to the court for filing as proof of service.

Option Two
Note well: This procedure need not be followed unless a defendant refuses to
complete and return a waiver form as described in option one.
Plaintiff may arrange to serve the defendant corporation, partnership or association
with a summons and complaint. Fed. R. Civ. P. 4(h). If plaintiff chooses this method of
service, plaintiff must
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obtain a signed and court-sealed summons from the clerk’s office,

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arrange for someone over the age of 18 years of age who is not a party to the
lawsuit to
a) deliver the signed and sealed summons and a copy of the complaint
to an officer, a managing or general agent or any other agent authorized
by appointment or by law to receive service of process and—if the agent
is one authorized by statute and the statute so requires—by also
mailing a copy of each to the defendant, Fed. R. Civ. P. 4(h)(1)(B); or
b) serve defendant in accordance with state law, Fed. R. Civ. P.
4(h)(1)(A); Wis. Stat. § 801.11;

!

file with the court an affidavit of the person who effected service of the
summons and complaint upon defendant stating the time and date the
delivery was made and with whom the summons and complaint was left, or
showing a receipt signed by the defendant’s officer, managing or general agent
or any other agent authorized by appointment or by law to receive service of
process, or other evidence of delivery. Fed. R. Civ. P. 4(l).