United States District Court, S.D. Georgia, Augusta Division
K. EPPS UNITED STATES MAGISTRATE JUDGE
17, 2019, the Court issued a Report and Recommendation
(“R&R”) recommending dismissal of
Plaintiff's complaint without prejudice for failure to
pay the filing fee. (Doc. no. 7.) Plaintiff has now submitted
the $400.00 filing fee. Accordingly, the Court
VACATES the May 17th Report and
Plaintiff paid the $400.00 filing fee in the above-captioned
case and is proceeding pro se, the Court will
provide Plaintiff with some basic instructions regarding the
development and progression of this case.
Plaintiff is responsible for serving Defendants. Because it
is not immediately apparent whether Plaintiff intends to sue
Crowder Stewart, LLP, as a partnership or if he is intending
to sue Ken Crowder and David Stewart, partners of Crowder
Stewart, LLP, as individual defendants, (see doc.
no. 1, pp. 2-5), the Court will provide instructions on three
types of service. In order to properly request individual
defendants waive personal service, Plaintiff must
(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 Defendant by
first class mail, with a prepaid means for returning the
waiver form, and request that Defendant waive formal service
of the summons.
Fed. R. Civ. P. 4(d).
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), (e) & (h).
agencies, corporations, officers, or employees of the United
States subject to service under Fed.R.Civ.P. 4(i), Plaintiffs
must first obtain from the Clerk of Court an appropriate
summons for each defendant and deliver a copy of the summons
and the original complaint, via registered or certified mail,
to (1) the civil process clerk at the office of the United
States Attorney for the Southern District of Georgia; (2) the
Attorney General of the United States, Washington, D.C.; and
(3) the officer or agency being sued. Fed.R.Civ.P. 4(i)(1).
Plaintiffs must serve Defendants within ninety days from the
date their complaint was filed, and failure to do so may
result in the dismissal of Defendants or the entire case.
IS ORDERED that Plaintiff shall serve upon
Defendants, or upon their 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 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 his 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 ...