Loading...
HomeMy WebLinkAbout2018CV3112 - Sean Slatton V. Fort Collins Police Department, Todd Hopkins, Brandon Barnes And John Hutto - 019 - Courtoom Minutes - Minute OrderIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO MAGISTRATE JUDGE SCOTT T. VARHOLAK Civil Action:18-cv-03112-RBJ-STV FTR - Reporter Deck - Courtroom A402 Date: May 3, 2019 Courtroom Deputy: Monique Ortiz Parties: SEAN SLATTON Plaintiff, Pro Se v. TODD HOPKINS BRANDON BARNES JOHN HUTTO FORT COLLINS POLICE DEPARTMENT Defendant. COURTROOM MINUTES/MINUTE ORDER STATUS CONFERENCE Court in Session: 10:01 a.m. Court calls case. Appearance of counsel. This matter is before the Court regarding status of the case. The Court notes Plaintiff has filed the Certificate of Mailing/Service [Doc. No. 18, filed 4/16/2019]. The court informs the Plaintiff of the following two issues regarding [Doc. No. 18]. The first issue is that the proof of service must be by affidavit and the second issue is that certified mail does not constitute valid service under the Federal Rules of Civil Procedure and so as a result, the Defendants still not have been served in this matter. Court advises Defendant that Rule 4 sets forth the valid rules of service. For the reasons set forth on the record, it is ORDERED: Under the Federal Rules of Civil Procedure, Plaintiff has 90 days to serve Defendant. Due to Plaintiff’s efforts in attempting to serve the Defendants, the Court at this point is not going to recommend dismissal for failure to timely serve the Defendants. However, the Case 1:18-cv-03112-RBJ-STV Document 19 Filed 05/03/19 USDC Colorado Page 1 of 2 court warns Plaintiff that Judge Jackson may ultimately dismiss the case without prejudice for failure to timely serve the Defendants A further Status Conference is set for June 6, 2019 at 10:00 a.m. before Magistrate Judge Varholak in courtroom A402. The Court advises the Plaintiff of the Pro Se Clinic located in the Clerk’s Office. HEARING CONCLUDED. Court in recess: 10:04 a.m. Time In Court: 00:03 To order a transcript of this proceeding, contact Patterson Transcription Company at (303)755-4536 OR AB Court Reporting & Video, Inc. at (303)629-8534. Case 1:18-cv-03112-RBJ-STV Document 19 Filed 05/03/19 USDC Colorado Page 2 of 2