Opinion
No. CIV S-07-0579 LKK GGH P.
October 10, 2008
ORDER
On September 11, 2008, the court recommended that defendant Judd be dismissed because service could not be effected upon her. On October 1, 2008, plaintiff filed objections claiming that defendant Judd got married and her new name is "Ms. P. Filce." Good cause appearing, the findings and recommendations are vacated. Plaintiff shall complete the forms for service of defendant Judd to include her new name.
Accordingly, IT IS HEREBY
1. The September 11, 2008, findings and recommendations are vacated;
2. The Clerk of the Court is directed to send to plaintiff 1 USM-285 forms, along with an instruction sheet and a copy of the third amended complaint filed December 21, 2007;
3. Within twenty days from the date of this order, plaintiff shall complete and submit the attached Notice of Submission of Documents to the court, with the following documents:
a. One completed USM-285 form for defendant Judd aka Filce;
b. Two copies of the endorsed third amended complaint filed December 21, 2007; and
c. One completed summons form (if not previously provided)
or show good cause why he cannot provide such information.
NOTICE OF SUBMISSION OF DOCUMENTS
Plaintiff hereby submits the following documents in compliance with the court's order filed _________________:
_____ completed summons form _____ completed USM-285 forms _____ copies of the _____________________________ Complaint/Amended Complaint DATED: __________________________ Plaintiff