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McRae v. Lester

United States District Court, S.D. Georgia, Dublin Division

April 4, 2018

MARGIE MCRAE, Plaintiff,
v.
ALICE RENEE WOOTEN LESTER, Individually and as Heir of and as Personal Representative of the Estate of Jerome Wooten; GERALDINE WOOTEN CRAY; NINA WOOTEN BRANTLEY; GLENDA WOOTEN; ALLEN CURTIS WOOTEN; BERNARD WOOTEN; and MARCUS WOOTEN, Individually and as Heirs at Law of Jerome Wooten, [1] Defendants.

          ORDER

          BRIAN K. EFPS, UNITED STATES MAGISTRATE JUDGE

         Plaintiff has paid the $400.00 filing fee in the above-captioned case. Because she is proceeding pro se, the Court will provide her with basic instructions regarding the development and progression of this case.

         Initially, Plaintiff is responsible for serving Defendants. In order to properly request that Defendants waive personal service, Plaintiff must:

(1) obtain from the Clerk of Court an appropriate number of copies of
(a) the notice of lawsuit and request to waive service of summons form, and
(b) the waiver of service of summons form;
(2) complete both forms; and
(3) mail the completed notice form, along with a copy of the file-stamped complaint and two waiver forms, to each Defendant by first class mail, with a prepaid means for returning the waiver form, and request that each Defendant waive formal service of the summons.

Fed. R. Civ. P. 4(d).

         Individual defendants have a duty to avoid unnecessary costs of serving the summons, and any defendant who fails to comply with the request for waiver must bear the costs of personal service unless good cause can be shown for the failure to return the waiver. Fed.R.Civ.P. 4(d)(2). A defendant whose return of the waiver is timely does not have to answer the complaint until sixty days after the date Plaintiff mails the request for waiver. Fed.R.Civ.P. 4(d)(3). However, should a defendant choose not to waive formal service of the summons, Plaintiff is still responsible for properly effecting service of the summons and complaint. Fed.R.Civ.P. 4(c)(1).

         Plaintiff is HEREBY NOTIFIED that she has ninety days from the date she filed this lawsuit to serve Defendants, and failure to do so may result in their dismissal from this lawsuit or dismissal of this case. Fed.R.Civ.P. 4(m).

         IT IS ORDERED THAT Plaintiff shall serve upon Defendants, or upon their attorneys if appearances have been entered by counsel, a copy of every further pleading or other document submitted to the Court. Plaintiff shall include with the papers to be filed a certificate stating the date a true and correct copy of any document was mailed to Defendants or their counsel. Fed.R.Civ.P. 5; Loc. R. 5.1. Every pleading shall contain a caption setting forth the name of the court, the title of the action, and the file number. Fed.R.Civ.P. 10(a). Any paper received by a District Judge or Magistrate Judge that has not been properly filed with the Clerk of Court or that fails to include a caption or certificate of service will be returned.

         It is Plaintiff's duty to cooperate fully in any discovery that may be initiated by Defendants. Upon being given at least five days notice of the scheduled deposition date, Plaintiff shall appear and permit her deposition to be taken and shall answer, under oath and solemn affirmation, any question that seeks information relevant to the subject matter of the pending action. Failing to answer questions at the deposition or giving evasive or incomplete responses to questions will not be tolerated and may subject Plaintiff to severe sanctions, including dismissal of this case. Defendants shall ensure that Plaintiff's deposition and any other depositions in the case are taken within the 140-day discovery period allowed by this Court's Local Rules.[2]

         While this action is pending, Plaintiff shall immediately inform this Court and opposing counsel of any change of address. Failure ...


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