Opinion
Civil Action No. 11-cv-01117-LTB-KLM
07-18-2012
ORDER GRANTING SERVICE BY UNITED STATES MARSHAL
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff's Response [#24] to the Order to Show Cause issued July 11, 2012 [#22]. Plaintiff provides a second corrected address for Defendant in his Response. See [#24]. The Court has confirmed the address on the Colorado Secretary of State's website. See St. Louis Baptist Temple, Inc. v. FDIC, 605 F.2d 1169, 1172 (10th Cir. 1979) (the Court may take judicial notice of its own files and records, as well as of facts which are a matter of public record).
IT IS HEREBY ORDERED that the obligation stated in the Order to Show Cause [#22] is DISCHARGED.
Pursuant to Rule 4(m), service of a summons and complaint must be completed within 120 days after the complaint is filed; however, the Court may extend the deadline in which service must be effected. Accordingly,
IT IS FURTHER ORDERED sua sponte that the deadline for completion of service pursuant to Fed. R. Civ. P. 4 is extended up to and including August 17, 2012.
IT IS FURTHER ORDERED that, if appropriate, the Clerk shall attempt to obtain a waiver of service from Defendant at the following address:
Flextronics USA, Inc.
c/o The Corporation Company (registered agent)
1675 Broadway, Suite 1200
Denver, CO 80202
IT IS FURTHER ORDERED that, if the Clerk is unable to obtain a waiver of service, the United States Marshal shall serve a copy of the Amended Complaint [Docket No. 8], summons, order granting leave to proceed pursuant to 28 U.S.C. § 1915, and all other orders upon Defendant at the above-identified address. If appropriate, the Marshal shall first attempt to obtain a waiver of service of these documents pursuant to Fed. R. Civ. P. 4(d). All costs of service shall be advanced by the United States.
IT IS FURTHER ORDERED that Defendant shall respond to the Amended Complaint as provided for in the Federal Rules of Civil Procedure after service of process is effected.
BY THE COURT:
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Kristen L. Mix
United States Magistrate Judge