Opinion
Case No. 04-4041-SAC
April 28, 2004
MEMORANDUM AND ORDER
This case comes before the court on plaintiffs' motion for an order directing the United States Marshal to serve initiating pleadings and temporary restraining order (Dk. 13). Although Fed.R.Civ.Pro. 4.1 does not require the marshal's office to serve the complaint and summons or documents other than the temporary restraining order issued by Judge Robinson ex parte on April 26, 2004, as amended on April 27, 2004, the court finds it appropriate for copies of all docket entries filed to date to be provided to defendant, who apparently remains unaware of the instant proceedings, and is unrepresented by counsel in this matter.
Accordingly, plaintiffs' motion (Dk. 13) is granted in part and denied in part.
IT IS HEREBY ORDERED that plaintiffs shall immediately provide the following to the United States Marshal's office:
1. Complete copies of all docket entries filed to date, including the notice of hearing and a copy of this order;
2. The address of defendant;
3. $100.00 as prepayment of costs.
IT IS FURTHER ORDERED that upon the United States Marshal's receipt of the above items from plaintiffs, the United States Marshal or a deputy United States Marshal shall serve the defendant forthwith by whatever method of service it chooses in accordance with the rules of civil procedure.