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
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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.
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