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The court will most likely not order you to reserve the defendants, as they should now receive notification of all filings through the PACER system via email.
You can still amend the complaint even though you haven't served all the defendants.
I will fininsh my Amended Complaint tomorrow and re-file. Should I even broach the subject with the COurt about Re-Serving or leave that blank?
No, you have to have a certificate of service. Assuming all of the defendants are signed up on PACER, as they should be, you can simply say they have been served with notice of the amended complaint electronically via PACER.
OK -- Just wanted to make sure.
I am still serving Defendants and have until 7 May to complete the process.
The Judge granted me the option of using certified mail, but many of the Defendants are not accepting the mailings.
OK. You just need to make sure everyone is signed up on PACER. If they aren't, you may consider mailing the new complaint.
Do you expect the Judge will rule on that?
Rule on what?
Mailing the amended complaint
I expect he will order me to do so.
I may have misunderstood you. I thought you said the judge already OK'd you serving them by mail.
But that was for the original Complaint. Now, I am submitting an Amended Complaint to the Court based on the Motion to Dismiss because I did not include all of the events as they corresponded to each of the listed Defendants -- due to my matter going through the Administrative Process and then the MSPB.
US District Court is my current step in the process -- a matter of appeal after receiving an unfavorable decsion from the MSPB. Now I am addressing violations of laws and regulations that the MSPB prohibited me from addressing.
After the original complaint, you can serve the defendants with all other filings via regular mail. Once the original has been served, everything after that is different because from that point on, the defendant has notice of the lawsuit.
OK -- did not know that
so... the key is... Once they are served, they are served and do not require being "Re-Served."
No, there isn't a need to "reserve" them. PACER, regular mail of fax will suffice.
I am facing the use of a Process Server for "outlier" Defendants who did not "accept" my initial certified mailing. Is it best to use just one, or to use others in the cities in which a Defendant resides?
US Marshals are another option -- but I know nothing about them.
You should use one in the city in which each defendant lives. It would be more expensive to have one travel all over to serve people. There really isn't a "right" way to do it. Whatever is cheapest.
Thoughts about US Marshals?
As far as the USM, you can do that, but it can often take months, since most of their resources are spent chasing down criminal fugitives.
THANKS for that info --
absolutely makes sense to me.
average cost to serve -- in town?
I'm not saying they all take that long, but that's been my experience. You can call the local USM office and ask.
I'm taking your experience as valid, because I know how things can be -- and YOU ARE RIGHT
The cost depends on how difficult the person is to serve. It will most likely be more than $60.
any general guidelines for cost -- or do they all vary?
any general guildelines for cost? or do they all vary?
It really varies. It will likely be between $50-100, possibly more, depending on what it takes to get them served.
So, by their declination of receiving certified mail, they just pushed a higher cost on me -- potentially knowing the added burden it would cause.
I think that covers it for now... You have been a true scholar and gentleman.
Can I do anything else for you?
Not for now -- and again, thank you for the guidance and insight... I will rate you at the highest level.
Good night, and maybe we will meet again
Glad to help.
If you have any questions in the future, you can direct them to me by including "this question is for TexLawyer" in the title.
About PACER, can I use the system as well?
How do I do it?
And I presume that you recommend doing so, even if the Judge does not require it? As a matter of demonstrating proficiency?
rather than being compelled to mail them a Motion or othe filing?
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