Fambrough et al v. Schroeder et al
| William L. Fambrough and Heather L. Fambrough |
| Gregory A. Martin, Janet McCarthy, Kent Schroeder, Bruce McKimens and Gregrey A. Martin |
| 4:2019cv00159 |
| March 4, 2019 |
| US District Court for the Western District of Missouri |
| Nanette K Laughrey |
| Civil Rights: Other |
| 28 U.S.C. § 1343 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 14 RETURN OF SERVICE of complaint on United States Attorney for defendants Kent Schroeder and Bruce McKimens in their official capacity for the Social Security Administration. Summons served on 5/2/2019. Social Security answer due by 7/1/2019 unless otherwise directed by the court. (Melvin, Greg) |
| ***Remark: USM-285 forms, summonses, certified copies of Order (Doc. 13) and copies of complaint for all the defendants listed in the Order (Doc. 13) hand-delivered to US Marshal's Office on 5/2/19. (Melvin, Greg) |
Filing 13
ORDER by Judge Nanette K. Laughrey. On March 6, 2019, the Court ordered Plaintiffs to obtain service on all Defendants within 40 days. That deadline has now passed. The returns of service filed with the Court on behalf of the plaintiffs indicate that process was sent to Defendants Schroeder, McKimens, and Martin by "FedEx." Neither the Federal Rules of Civil Procedure nor Missouri law permits service of process by Federal Express, and the defendants have not filed any document indicating consent to or waiver of service. Therefore, they have not been properly served. Accordingly, the Court hereby EXTENDS the pro se Plaintiffs' time to obtain service on Defendants Schroeder, McKimens, and Martin to 30 days from today's date. Because Plaintiffs have indicated that Defendants Schroeder and McKimens are United States employees, the United States Marshall shall attempt service of process on them in accordance with Rule 4(i)(2) by sending a copy of the summons and complaint by certified or registered mail to: (1) Defendant Schroeder at the address provided by Plaintiffs; (2) Defendant McKimens, at the address provided by Plaintiffs; (3) the civil process clerk for the U.S. Attorney for the Western District of Missouri; and (4) the Attorney General of the United States in Washington, D.C. The United States Marshal shall attempt to serve Defendant Martin personally, in accordance with Rule 4(e). Signed on April 30, 2019 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra) Modified on 4/30/2019 to reflect Order was mailed to Plaintiffs.) (Matthes Mitra, Renea).
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| Filing 12 PROPOSED SCHEDULING ORDER by Janet McCarthy. (Strum, Stephen) |
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Filing 11
ORDER entered by Judge Nanette K. Laughrey. Proposed scheduling order due by 4/25/2019. Signed on 4/10/19 by District Judge Nanette K. Laughrey. (Order mailed to Plaintiffs.) (Matthes Mitra, Renea)
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| Filing 10 SUGGESTIONS in support re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (under F.R.C.P.12(b)(6)) filed by Stephen M Strum on behalf of Defendant Janet McCarthy. (Related document(s) #9 ) (Strum, Stephen) |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (under F.R.C.P.12(b)(6)) filed by Stephen M Strum on behalf of Janet McCarthy. Suggestions in opposition/response due by 4/17/2019 unless otherwise directed by the court. (Attorney Stephen M Strum added to party Janet McCarthy(pty:dft))(Strum, Stephen) |
| Filing 8 RETURN OF SERVICE of complaint executed by U.S. Marshal's Office for Heather L. Fambrough, William L. Fambrough. Bruce McKimens served on 3/13/2019, answer due 4/3/2019. (Melvin, Greg) (Additional attachment(s) added on 4/24/2019: #1 Exhibit) (Melvin, Greg). Modified on 4/24/2019: Exhibit provided by US Marshal's Service. It was added at the direction of chambers to verify date of service. NEF regenerated. (Melvin, Greg) |
| Filing 7 RETURN OF SERVICE of complaint executed by US Marshal's Office for Heather L. Fambrough, William L. Fambrough. Gregrey A. Martin served on 3/14/2019, answer due 4/4/2019. (Melvin, Greg) (Additional attachment(s) added on 4/24/2019: #1 Exhibit) (Melvin, Greg). Modified on 4/24/2019: Exhibit provided by US Marshal's Service. It was added at the direction of chambers to verify date of service. NEF regenerated. (Melvin, Greg) |
| Filing 6 RETURN OF SERVICE of complaint executed by US Marshal's Office for Heather L. Fambrough, William L. Fambrough. Kent Schroeder served on 3/13/2019, answer due 4/3/2019. (Melvin, Greg) (Additional attachment(s) added on 4/24/2019: #1 Exhibit) (Melvin, Greg). Modified on 4/24/2019: Exhibit provided by US Marshal's Service. It was added at the direction of chambers to verify date of service. NEF regenerated. (Melvin, Greg) |
| SUMMONS REISSUED as to Gregrey A. Martin. (Melvin, Greg) |
| ***Remark: The service packet for defendant Gregrey A Martin was returned to the Clerk's Office by the US Marshal's Office. The plaintiffs had incorrectly listed a post office box as the address for defendant Martin, but the Marshal's Office needs an actual street address. The Clerk's Office contacted the plaintiffs and got a street address for defendant Martin. A corrected USM-285 form and summons, along with a certified copy of Order (Doc. 3) and a copy of the complaint were hand-delivered to the US Marshal's Office on 3/13/19. (Melvin, Greg) |
| SUMMONS ISSUED as to Gregrey A. Martin, Janet McCarthy, Bruce McKimens, Kent Schroeder. (Melvin, Greg) |
| ***Remark: Plaintiffs returned completed summonses to the Clerk's Office. Copies of USM-285 form, summonses, certified copies of Order (Doc 3) and copies of complaint hand-delivered to US Marshal's Office on 3/11/2019 for service on defendants. (Melvin, Greg) |
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Filing 5
ORDER entered by Judge Nanette K. Laughrey. Service must be obtained on all defendants within forty (40) days of the date of this Order unless otherwise authorized by the Court. Signed on 3/6/19 by District Judge Nanette K. Laughrey. (Order mailed to Plaintiffs.) (Matthes Mitra, Renea)
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| Filing 4 COMPLAINT against All Defendants filed by Heather L. Fambrough, William L. Fambrough Filing fee $0.00 (IFP granted). Service due by 6/3/2019 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Melvin, Greg) |
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Filing 3
ORDER by Judge Nanette K. Laughrey. Plaintiffs' motion to proceed in forma pauperis, Doc. #1 , is granted, subject to further consideration by the Court upon a showing that the allegation of poverty is untrue or the claim is frivolous under 28 U.S.C. 1915. The Clerk's Office shall file the complaint. If Plaintiffs provide the appropriate forms to the Clerk of Court, the United States Marshal shall attempt service of process (by personal service or certified mail, return receipt requested) upon the defendants at the addresses supplied by Plaintiffs and as directed by Rule 4. The Clerk's Office shall mail a copy of this order to the pro se plaintiffs. Signed on March 5, 2019 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Sreeprakash, Netra) (A copy of this order and service of process forms were mailed to Heather L. Fambrough and William L. Fambrough, 6101 N. Belleview Ave., Kansas City, MO 64118 on 3/5/2019.) (Melvin, Greg).
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| Filing 2 FINANCIAL AFFIDAVIT by Heather L. Fambrough. (Woods, Gloria) |
| Filing 1 MOTION for leave to proceed in forma pauperis filed by All Plaintiffs. Suggestions in opposition/response due by 3/18/2019 unless otherwise directed by the court. (Attachments: #1 Complaint, #2 Civil Cover Sheet)(Woods, Gloria) |
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