Mullin v. Secretary, U.S. Department of Veteran Affairs
| Aileen Mullin |
| Department Of Veterans Affairs and Secretary, U.S. Department of Veteran Affairs |
| 8:2020cv02697 |
| November 16, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| Federal Employer's Liability |
| 28 U.S.C. ยง 794 |
| Plaintiff |
Docket Report
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Filing 9
ENDORSED ORDER: On January 8, 2021, Plaintiff Aileen Mullin filed service documents showing that she served Robert Wilkie, as Secretary of the Department of Veteran Affairs, by serving the United States Attorney at 400 North Tampa Street, Suite 3200, Tampa, FL 33602. (Doc. #7). However, to properly serve a United States agency or employee sued in an official capacity, a plaintiff must comply with Federal Rule of Civil Procedure 4(i)(2), which requires that the plaintiff "serve the United States and also send a copy of the summons and of the complaint by registered or certified mail to the agency, corporation, officer, or employee." Fed. R. Civ. P. 4(i)(2). To serve the United States, a plaintiff must serve the summons and complaint on the United States Attorney for the district where the action is brought as well as send a copy of each by registered or certified to the Attorney General in Washington, D.C. Fed. R. Civ. P. 4(i)(1). While the docket shows that Mullin has served the United States Attorney, Mullin has not filed proof that she sent a copy of the summons and complaint to the Department of Veterans Affairs or the Attorney General of the United States. Accordingly, Mullin is directed to provide additional information showing that she has properly effected service in accordance with Rule 4(i)(1) by January 19, 2021. Signed by Judge Virginia M. Hernandez Covington on 1/12/2021. (LEA)
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| Filing 8 RESPONSE re 6 Order for Status Report on Service of Process filed by Aileen Mullin. (Solomon, James) |
| Filing 7 PROOF of service by Aileen Mullin (Solomon, James) |
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Filing 6
ENDORSED ORDER: Plaintiff Mullin filed this case on November 16, 2020. (Doc. #1). Based on the Court's review of the docket, it appears that service of process has not yet been effected on the defendant. Accordingly, Plaintiff Mullin is directed to file a status report by January 11, 2021, regarding her efforts to effect service of process upon the defendant. Signed by Judge Virginia M. Hernandez Covington on 1/5/2021. (LEA)
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Filing 5
ORDER: Plaintiff is directed to effect service of process as required by Rule 4, Fed. R. Civ. P., and file proof thereof with the Court as soon as service has been effected. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 1/4/2021. (TWL)
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Filing 4
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 1/4/2021. (TWL)
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| Filing 3 SUMMONS issued as to Secretary, U.S. Department of Veteran Affairs. (JLD) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:20-cv-2697-T-33AEP. (SJB) |
| Filing 1 COMPLAINT against Robert Wilkie, Secretary, Department of Veterans Affairs against Aileen Mullin with Jury Demand (Filing fee $ 400 receipt number 113A-17556584) filed by Aileen Mullin. (Attachments: #1 Exhibits 1-11, #2 Exhibit Exhibits 12-23, #3 Exhibits 24-48, #4 Exhibits 49-53, #5 Civil Cover Sheet, #6 Proposed Summons)(Solomon, James) Modified on 11/17/2020 (JLD). |
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