Summary
establishing similar procedure to assist pro se plaintiff in obtaining service of process
Summary of this case from Larrew v. BarnesOpinion
Civil Action No. 3:01-CV-1012-D
March 11, 2002
ORDER
I
After making an independent review of the pleadings, files, and records in this case, and the February 21, 2002 findings and recommendation of the magistrate judge, the court concludes that the findings and conclusions are correct and are therefore adopted. Accordingly, defendant's January 24, 2002 motion to dismiss is denied.
II
In denying the motion to dismiss, the court adopts the following procedures that the magistrate judge has included in his February 21, 2002 findings and recommendation. The court directs the district clerk to send to plaintiff Gerald G. Monroe ("Monroe") a waiver of service of summons form. Monroe must send two copies of this waiver form and a copy of his amended complaint by first class mail to Mike A. Hunter ("Hunter"), Dallas Claims Manager, TXU Business Services Company, 1601 Bryan Street, Dallas, Texas 75201. If Hunter is not authorized to receive this waiver of service form, defendant shall provide Monroe with the name and address of the registered agent for TXU Corporation, formerly known as Texas Utilities Company, by April 1, 2002. Monroe may then send two copies of the waiver form to the registered agent. Defendant is reminded that "[am individual, corporation, or association that is subject to service under [Rule 4] (e), (1), or (h) and that receives notice of an action in the manner provided in [Rule 4(d)] has a duty to avoid unnecessary costs of serving the summons." Fed.R.Civ.P. 4(d)(2). The court will not hesitate to impose costs on defendant if it fails to comply with the request for waiver without good cause. See Rule 4(d).
If defendant waives service, Monroe must promptly file the executed waiver form with the district clerk. If defendant fails to return the executed waiver of service form to Monroe within 20 days after receipt, Monroe must serve the registered agent of defendant with a summons and a copy of the complaint either personally or by certified mail. Proof of service must be filed with the district clerk by May 30, 2002.
The court advises Monroe that if he fails without good cause to serve defendant properly, this case will dismissed.
SO ORDERED.