Cox v. California Department of Corrections & Rehabilitation, CV 16-7982-JLS (KLS). (2018)
Court: District Court, C.D. California
Number: infdco20180215902
Visitors: 11
Filed: Feb. 14, 2018
Latest Update: Feb. 14, 2018
Summary: ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE REQUIRED TO REIMBURSE U.S. MARSHAL FOR COSTS OF SERVICE AFTER FAILING TO WAIVE SERVICE KAREN L. STEVENSON , Magistrate Judge . Federal Rule of Civil Procedure 4(d) places a duty on defendants to avoid the unnecessary expense of service. Defendants were provided with a copy of the summons and complaint and a waiver of service form and elected not to waive service and avoid these costs. ( See Attachments: U.S. Marshal's Service Form and E-mail
Summary: ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE REQUIRED TO REIMBURSE U.S. MARSHAL FOR COSTS OF SERVICE AFTER FAILING TO WAIVE SERVICE KAREN L. STEVENSON , Magistrate Judge . Federal Rule of Civil Procedure 4(d) places a duty on defendants to avoid the unnecessary expense of service. Defendants were provided with a copy of the summons and complaint and a waiver of service form and elected not to waive service and avoid these costs. ( See Attachments: U.S. Marshal's Service Form and E-mail ..
More
ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE REQUIRED TO REIMBURSE U.S. MARSHAL FOR COSTS OF SERVICE AFTER FAILING TO WAIVE SERVICE
KAREN L. STEVENSON, Magistrate Judge.
Federal Rule of Civil Procedure 4(d) places a duty on defendants to avoid the unnecessary expense of service. Defendants were provided with a copy of the summons and complaint and a waiver of service form and elected not to waive service and avoid these costs. (See Attachments: U.S. Marshal's Service Form and E-mail from Defendants' Counsel Acknowledging Receipt of Summons and Complaint.) As a result, the U.S. Marshal's Service was required to personally serve them at a cost of $74.07 each. (See Attachments: Memos from U.S. Marshal's Service Setting Forth Cost of Service.) Rule 4(d) requires that the Court must impose the cost of service on Defendants who fail, without good cause, to return a waiver. Defendants Sandy Alfaro, P. Shank, and J. Lewis are ordered to appear in person on March 21, 2018 at 11:00 a.m. at the Roybal Federal Building, 255 E. Temple, Courtroom 580, and show cause as to why they should not be ordered to pay those costs.
Because this hearing does not involve Plaintiff and has no impact on the merits of this case, Plaintiff will not be required to attend the hearing. He may request to attend by telephone if he so desires.
IT IS SO ORDERED.
Source: Leagle
