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Cheryl Kelmar v. Bank of America Corporation

December 13, 2012

CHERYL KELMAR
v.
BANK OF AMERICA CORPORATION, ET AL.



The opinion of the court was delivered by: The Honorable Philip S. Gutierrez, United States District Judge

#:4344

CIVIL MINUTES - GENERAL

Present: The Honorable Philip S. Gutierrez, United States District Judge

Wendy K. Hernandez Not Present n/a Deputy Clerk Court Reporter Tape No. Attorneys Present for Plaintiff(s): Attorneys Present for Defendant(s): Not Present Not Present

Proceedings: (In Chambers) Order to Show Cause Why Defendant Judge Donna

Geck Should Not Be Dismissed Under Fed. R. Civ. P. 4(m)

The Court's Standing Order provides:

The Plaintiff(s) shall promptly serve the Complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to Local Rules. Any Defendant(s) not timely served shall be dismissed from the action without prejudice. Any "DOE" or fictitiously-named Defendant(s) who is not identified and served within 120 days after the case is filed shall be dismissed pursuant to Fed. R. Civ. P. 4(m).

Standing Order ¶ 1. Here, although Plaintiff's Complaint names Judge Donna Geck as a defendant, there is no indication that Judge Geck was served in accordance with Fed. R. Civ. P.

Fed. R. Civ. P. 4(e) ("Serving an Individual Within a Judicial District of the United States") provides in pertinent part:

[A]n individual ... may be served in a judicial district of the United States by:

(1) following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made; or

(2) doing any of the following:

(A) delivering a copy of the summons and of the complaint to the ...


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