Yakkey v. Metro Mart USA et al, No. 1:2017cv00136 - Document 4 (N.D. Ga. 2017)
Court Description: OPINION AND ORDER allowing Plaintiffs ADA and negligent infliction of emotional distress claims to proceed. Plaintiffs negligence per se claim is dismissed under 28 U.S.C. § 1915(e)(2)(B). The Clerk is directed to send Plaintiff copies of a USM 285 form, summons, and initial disclosures form, which Plaintiff should complete and return one for Defendant to the Clerk within twenty (20) days of the entry date of this Order. Upon receipt of the forms by the Clerk, the Clerk is directed to prepa re a service waiver package for Defendant. In the event Defendant does not return the Waiver of Service form to the Clerk of Court within thirty-five (35) days following the date the service waiver package was mailed, the Clerk is directed to prepare and transmit to the USMS a service package. Signed by Judge William S. Duffey, Jr on 2/24/17. (Attachments: # 1 Plaintiff's Initial Disclosures, # 2 USM-285 Form, # 3 Summons)(ddm)
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USM-285 is USA et form. Fill out the form and print 5 copies. Sign as needed and route as specified below. 4 Att. 2 Yakkey v. Metro Mart a 5-partal Doc. PROCESS RECEIPT AND RETURN U.S. Department of Justice United States Marshals Service See "Instructions for Service of Process by U.S. Marshal" PLAINTIFF COURT CASE NUMBER DEFENDANT TYPE OF PROCESS NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN { SERVE AT ADDRESS (Street or RFD, Apartment No., City, State and ZIP Code) SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW Number of process to be served with this Form 285 Number of parties to be served in this case Check for service on U.S.A. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All Telephone Numbers, and Estimated Times Available for Service): Fold Fold Signature of Attorney other Originator requesting service on behalf of: PLAINTIFF TELEPHONE NUMBER DATE DEFENDANT SPACE BELOW FOR USE OF U.S. MARSHAL ONLY-- DO NOT WRITE BELOW THIS LINE I acknowledge receipt for the total number of process indicated. (Sign only for USM 285 if more than one USM 285 is submitted) Total Process District of Origin District to Serve No. No. Signature of Authorized USMS Deputy or Clerk Date I hereby certify and return that I have personally served , have legal evidence of service, have executed as shown in "Remarks", the process described on the individual , company, corporation, etc., at the address shown above on the on the individual , company, corporation, etc. shown at the address inserted below. I hereby certify and return that I am unable to locate the individual, company, corporation, etc. named above (See remarks below) Name and title of individual served (if not shown above) A person of suitable age and discretion then residing in defendant's usual place of abode Address (complete only different than shown above) Date Time am pm Signature of U.S. Marshal or Deputy Service Fee Total Mileage Charges Forwarding Fee including endeavors) Total Charges Advance Deposits Amount owed to U.S. Marshal* or (Amount of Refund*) REMARKS: PRINT 5 COPIES: 1. CLERK OF THE COURT 2. USMS RECORD 3. NOTICE OF SERVICE 4. BILLING STATEMENT*: To be returned to the U.S. Marshal with payment, if any amount is owed. Please remit promptly payable to U.S. Marshal. 5. ACKNOWLEDGMENT OF RECEIPT PRIOR EDITIONS MAY BE USED Form USM-285 Rev. 12/80 Dockets.Justia.com
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