Olague v. County of Sacramento et al
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/15/11; Within 14 days from the date of service of this order, defendant Robert Kitay shall pay to the United States Marshal the sum of $65.20, unless within that time Kitay files a written statement showing good cause for failing to waive service. The Clerk of the Court shall serve a copy of this order on the U.S. Marshal, 501 "I" Street, Sacramento, CA 95814 (tel. 916-930-2030). (cc USM)(Matson, R)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CASSANDRA C. OLAGUE,
Plaintiff,
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No. CIV S-11-0331 LKK EFB PS
vs.
COUNTY OF SACRAMENTO, et al.,
ORDER
Defendants.
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This case, in which plaintiff is proceeding in propria persona, was referred to the
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undersigned under Local Rule 302(c)(21), pursuant to 28 U.S.C. § 636(b)(1). On July 7, 2011,
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the undersigned granted plaintiff’s request for leave to proceed in forma pauperis, directed the
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Clerk of the Court to issue process and provide plaintiff with the necessary documents for
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service, and directed plaintiff to supply the United States Marshal (“Marshal”) with all
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information and documents needed to effect service of process. Dckt. No. 5. The July 7 order
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further directed the Marshal to effect service of process. Id.
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The Marshal now requests reimbursement of expenses incurred in personally serving
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defendant Robert Kitay. Dckt. Nos. 21, 22. The form USM-285/Process Receipt and Return
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filed by the Marshal on November 2, 2011, shows that the Marshal mailed a waiver of service on
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July 27, 2011. Dckt. No. 21. The form also includes a notation that the waiver of service was
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not returned. Id. The Marshal then served defendant Kitay on October 31, 2011 by serving
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Irene Vega, a legal assistant at Kitay’s law office in Carmichael, California. Id. The form shows
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total charges of $65.20 for serving Kitay. Id.
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Rule 4 of the Federal Rules of Civil Procedure provides that “[a]n individual,
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corporation, or association that is subject to service under Rule 4(e), (f), or (h) has a duty to
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avoid unnecessary expenses of serving the summons.” Fed. R. Civ. P. 4(d)(1). The Rule further
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provides that “[i]f a defendant located within the United States fails, without good cause, to sign
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and return a waiver requested by a plaintiff located within the United States, the court must
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impose on the defendant the expenses later incurred in making service . . . .” Fed. R. Civ. P.
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4(d)(2). In light of those provisions, the Marshal may be entitled to the costs sought, as it
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appears that Kitay was given the opportunity required by Rule 4(d)(2) to waive service but failed
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to do so.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Within 14 days from the date of service of this order, defendant Robert Kitay shall pay
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to the United States Marshal the sum of $65.20, unless within that time Kitay files a written
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statement showing good cause for failing to waive service.
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2. The Clerk of the Court shall serve a copy of this order on the U.S. Marshal, 501
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“I” Street, Sacramento, CA 95814 (tel. 916-930-2030).
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Dated: November 15, 2011.
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