Krause v. Vancouver Police Department

• Court: District Court, W.D. Washington
• Decided: February 23, 2023
• Docket: 3:22-cv-05204
• Status: Unknown

Opinion

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6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 LEEROY E. KRAUSE, CASE NO. 3:22-cv-05204-BHS-JRC 11 Plaintiff, ORDER TO SHOW CAUSE RE 12 v. SERVICE 13 VANCOUVER POLICE DEPARTMENT, et al., 14 Defendants. 15 16 This matter is before the Court on referral from the district court and on defendant’s 17 failure to return a service waiver. 18 On December 16, 2022, this Court directed service of plaintiff’s complaint on the named 19 defendants. See Dkt. 21 at 2. The Court directed the Clerk to send defendants a waiver of service 20 and informed defendants that if they failed to waive service within 30 days they would be 21 personally served at their own expense. See id. 22 As of the date of this order, all defendants have returned waivers of service except for 23 defendant American Medical Response (“AMR”). See generally Dkt. The Court has no 24 1 jurisdiction over defendant AMR until it has been properly served under Federal Rule of Civil 2 Procedure 4. See Direct Mail Specialists, Inc. v. Eclat Computerized Techs., Inc., 840 F.2d 685, 3 688 (9th Cir. 1988). Under Local Civil Rule 4(c)(2), the Court may order that service be made by 4 a United States marshal. However, in this district, the marshals do not attempt personal service 5 upon a defendant unless mail service is unavailing.

6 As such, the Court orders defendant AMR to show cause by March 24, 2023, why it 7 should not be personally served at its own expense for failure to file a service waiver. Defendant 8 may satisfy this show cause order by filing a waiver of service. The Clerk is directed to send 9 defendant AMR a copy of this order. 10 Dated this 23rd day of February, 2023. 11

12 A 13 J. Richard Creatura 14 United States Magistrate Judge

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