Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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Case 2:03-cv-01344-EHC-HCE Document 180 Filed 12/08/2005 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Shannon Michael Clark, Plaintiff, vs. Value Options, Inc., Defendants.

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No. CV 03-1344-PHX-EHC (MS) ORDER

Pending before the Court is Plaintiff's "Motion for Clarification and Court Order" (Doc. # 177). Plaintiff filed a second amended complaint on September 24, 2004 (Doc. # 53), which named Defendants Karen Marshall and Thomas Crumbley. Since that time, service has not been effected on either individual. On October 31, 2005 this Court granted Plaintiff's Motion to Compel, which required Defendant ValueOptions to provide Plaintiff with Defendant Karen Marshall's home address for the purpose of service. Plaintiff avers that Defendant ValueOptions has agreed to accept service on behalf of Karen Marshall, in lieu of providing her home address, which is acceptable to Plaintiff. As to Defendant Crumbley, ValueOptions has not been authorized to accept service on his behalf, and personal service has not been effected.

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The Court will grant Plaintiff's request for an Order directing service on Defendants Marshall and Crumbley one last time. If service is not properly executed on either Defendant within 60 days of the filing of this Order, the action will be

dismissed as to each Defendant not served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure and Rule 2.12(b)(3)(B)(i) of the Rules of Practice of the United States District Court ("Local Rules").
Accordingly, IT IS ORDERED THAT: 1. Plaintiff's "Motion for Clarification and Court Order" (Doc. # 177) is GRANTED only to the extent contained herein. 2. The Clerk shall resend service packets to Plaintiff for Defendants Crumbley and Marshall. Plaintiff shall return the service packets, containing Defendant ValueOptions' statutory address for Defendant Marshall and Defendant Crumbley's home address within 20 days of the filing of this Order. In the alternative, Plaintiff may opt to serve Defendants Marshall and/or Crumbley at his own

expense, so as long as service is effected consistent with FED. R. CIV. P. 4. 3. Upon receipt of the service packets, if Plaintiff opts to send either of them back to the Clerk, the Clerk shall forward the returned service packet(s) to the United States Marshals Service for service on these Defendant(s). The Court cautions Plaintiff that it is his

responsibility to provide the United States Marshals Service with the correct address information for purpose of service. Further service shall proceed according to the Court's September 24, 2004 Order.

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4.

The time to complete service on Defendants Crumbley and Marshall is extended 60 days from the date of the filing of this Order.

DATED this 8th day of December, 2005.

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