Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Coburn v. Bechtel Power Corp.

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

April 30, 2019

VIRGINIA COBURN, Plaintiff,
v.
BECHTEL POWER CORPORATION, Defendant.

          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 Plaintiff with some basic instructions regarding the development and progression of this case.

         Initially, Plaintiff is responsible for serving Defendant. In order to properly request that Defendant waive personal service, [1] 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 for Defendant; and
(3) mail the completed notice form, along with a copy of the file-stamped complaint and two waiver forms appended to Federal Rule of Civil Procedure 4, to Defendant by first class mail, with a prepaid means for returning the waiver form, and request that Defendant waive formal service of the summons. Using the form appended to Rule 4, Defendant must be informed of the consequences of waiving and not waiving service.[2]

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

         Plaintiff must serve Defendant within ninety days from the date her complaint was filed, and failure to do so may result in the dismissal of the case. Fed.R.Civ.P. 4(m). Individuals, corporations, partnerships, and associations have a duty to avoid unnecessary expenses of serving the summons, and a defendant who fails to sign and return a waiver without good cause must bear the expenses incurred in making personal service. Fed.R.Civ.P. 4(d)(1) & (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 personal service of the summons and complaint, Plaintiff is still responsible for properly effecting personal service. Fed.R.Civ.P. 4(c), (h).

         IT IS ORDERED that Plaintiff shall serve upon Defendant, or upon its attorney if appearance has 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 Defendant or its 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 Defendant. 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. Defendant 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.[3]

         While this action is pending, Plaintiff shall immediately inform this Court and opposing counsel of any change of address. Failure to do so will result in dismissal of this case.

         Plaintiff must pursue this case and failure to do so may result in dismissal for want of prosecution. Fed.R.Civ.P. 41; Loc. R. 41.1. If Plaintiff wishes to obtain facts and information about the case from Defendant, Plaintiff must initiate discovery. See generally Fed.R.Civ.P. 26 through 37 (containing the rules governing discovery and providing for the basic methods of discovery). ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.