Opinion
3:22-cv-05204-BHS-JRC
02-23-2023
LEEROY E. KRAUSE, Plaintiff, v. VANCOUVER POLICE DEPARTMENT, et al., Defendants.
ORDER TO SHOW CAUSE RE SERVICE
J. Richard Creatura, United States Magistrate Judge
This matter is before the Court on referral from the district court and on defendant's failure to return a service waiver.
On December 16, 2022, this Court directed service of plaintiff's complaint on the named defendants. See Dkt. 21 at 2. The Court directed the Clerk to send defendants a waiver of service and informed defendants that if they failed to waive service within 30 days they would be personally served at their own expense. See id.
As of the date of this order, all defendants have returned waivers of service except for defendant American Medical Response (“AMR”). See generally Dkt. The Court has no jurisdiction over defendant AMR until it has been properly served under Federal Rule of Civil Procedure 4. See Direct Mail Specialists, Inc. v. Eclat Computerized Techs., Inc., 840 F.2d 685, 688 (9th Cir. 1988). Under Local Civil Rule 4(c)(2), the Court may order that service be made by a United States marshal. However, in this district, the marshals do not attempt personal service upon a defendant unless mail service is unavailing.
As such, the Court orders defendant AMR to show cause by March 24, 2023, why it should not be personally served at its own expense for failure to file a service waiver. Defendant may satisfy this show cause order by filing a waiver of service. The Clerk is directed to send defendant AMR a copy of this order.