United States District Court, S.D. Georgia, Dublin Division
K. EFPS, UNITED STATES MAGISTRATE JUDGE
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.
Plaintiff is responsible for serving Defendants. In order to
properly request that Defendants waive personal service,
(1) obtain from the Clerk of Court an appropriate number 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).
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).
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).
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.
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
this action is pending, Plaintiff shall immediately inform
this Court and opposing counsel of any change of address.