HomeMy WebLinkAbout2017CV493 - HOWARD V. CITY OF FORT COLLINS, ET AL - 003 - SUMMONS ISSUEDAO 440 (Rev. 12/09) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
__________ District of __________
)
)
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
C
District of Colorado
EUGENE HOWARD
17-cv-00493 RPM-MEH
CITY OF FORT COLLINS & KATHLEEN WALKER
City of Fort Collins
300 LaPorte Avenue
Fort Collins, CO 80521
Mark S Bove, PC
730 17th Street, Suite 635
Denver, CO 80202
02/24/2017 s/D. Berardi
Case 1:17-cv-00493-RPM Document 3 Filed 02/24/17 USDC Colorado Page 1 of 2
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date) .
u I personally served the summons on the individual at (place)
on (date) ; or
u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
u I served the summons on (name of individual) , who is
designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
u I returned the summons unexecuted because ; or
u Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
17-cv-00493 RPM-MEH
0.00
Case 1:17-cv-00493-RPM Document 3 Filed 02/24/17 USDC Colorado Page 2 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. _____ -cv- ___________- _____
_______________________________________,
Plaintiff(s),
v.
_______________________________________,
Defendant(s).
CONSENT/NON-CONSENT TO THE EXERCISE OF JURISDICTION
BY A UNITED STATES MAGISTRATE JUDGE
________________________________________________________________________________
Under 28 U.S.C. § 636(c), Fed. R. Civ. P. 73, D.C.COLO.LCivR 72.2, and D.C.COLO.LAPR 72.2
– Consent Jurisdiction of a Magistrate Judge, you are notified that a United States magistrate judge of
this district court is available to handle all dispositive matters in this civil action, including a jury or
nonjury trial, and to order the entry of a final judgment. Exercise of this jurisdiction by a magistrate
judge, however, is permitted only if all parties voluntarily consent and the district judge orders the
reference to a magistrate judge under 28 U.S.C. § 636(c). An appeal from a judgment entered by a
magistrate judge shall be taken directly to the appropriate United States Court of Appeals in the same
manner as an appeal from any other judgment of a district court.
Consent to magistrate judge jurisdiction is voluntary, and no adverse consequence shall result if
consent is declined. If any party withholds consent, the identity of the parties consenting or withholding
consent will not be communicated to any magistrate judge or to the district judge to whom the case has
been assigned. Pursuant to D.C.COLO.LCivR 72.2, no district judge or magistrate judge, court official,
or court employee may attempt to influence the granting or withholding of consent to the reference of
any civil matter to a magistrate judge under this rule.
If this civil action has been referred to a magistrate judge to handle certain nondispositive
matters, that reference shall remain in effect. Upon entry of an order of reference pursuant to 28 U.S.C.
§ 636(c), the civil action will be assigned to the magistrate judge then assigned to the case.
You are directed to confer with all parties in this action and execute and file with the Court the
attached Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction,
indicating either the unanimous consent of the parties or that at least one party has declined to consent,
at the earlier of (1) no later than seven days before the scheduling conference, if any; or (2) 45 days
after the filing of the first response, other than an answer, to the operative complaint. All parties must
Case 1:17-cv-00493-RPM Document 3-2 Filed 02/24/17 USDC Colorado Page 1 of 4
either consent to the exercise of magistrate judge jurisdiction, or any party may decline to consent. In
either event, filing of the Election Concerning Consent/Non-Consent to United States Magistrate
Judge Jurisdiction is mandatory, indicating either the unanimous consent of the parties or that at
least one party has declined to consent.
Any party added to the civil action after reference to a magistrate judge shall be notified by the
clerk of the obligation to complete and file the mandatory Election Concerning Consent/Non-Consent to
United States Magistrate Judge Jurisdiction. If any added party does not consent to magistrate judge
jurisdiction within 21 days from the date of the notice, the civil action shall be assigned to a district
judge, and the magistrate judge shall continue on the case as if consent had been declined initially.
Case 1:17-cv-00493-RPM Document 3-2 Filed 02/24/17 USDC Colorado Page 2 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. _____ -cv- __________- _____
,
Plaintiff(s),
v.
,
Defendant(s).
ELECTION CONCERNING CONSENT/NON-CONSENT TO
UNITED STATES MAGISTRATE JUDGE JURISDICTION
______________________________________________________________________
Under 28 U.S.C. § 636(c) and
(1) D.C.COLO.LCivR 40.1(c) (Assignment of Cases/Direct Assignment to
Magistrate Judges);
or
(2) Fed. R. Civ. P. 73 and D.C.COLO.LCivR 72.2 (Consent Jurisdiction of a
Magistrate Judge);
or
(3) D.C.COLO.LAPR 72.2 (Consent Jurisdiction of a Magistrate Judge).
CHECK ONE
all parties in this civil action CONSENT to have a United States
magistrate judge conduct all proceedings in this civil action, including trial, and to order
the entry of a final judgment;
OR
at least one party in this civil action DOES NOT CONSENT to have a
United States magistrate judge conduct all proceedings in this civil action, including trial,
and to order the entry of a final judgment.
Case 1:17-cv-00493-RPM Document 3-2 Filed 02/24/17 USDC Colorado Page 3 of 4
Signatures Party Represented Date
_________________________ _________________________ ________________
Print name_____________________________________________________________
_________________________ _________________________ ________________
Print name_____________________________________________________________
_________________________ _________________________ ________________
NOTE: You are directed to confer with all parties in this action and execute and file
with the Court this Election Concerning Consent/Non-Consent to United
States Magistrate Judge Jurisdiction, indicating either the unanimous
consent of the parties or that at least one party has declined to consent, at
the earlier of (1) no later than seven days before the scheduling conference,
if any; or (2) 45 days after the filing of the first response, other than an
answer, to the operative complaint. All parties must either consent to the
exercise of magistrate judge jurisdiction, or any party may decline to
consent. In either event, filing of the Election Concerning
Consent/Non-Consent to United States Magistrate Judge Jurisdiction
is mandatory, indicating either the unanimous consent of the parties or that
at least one party has declined to consent.
Case 1:17-cv-00493-RPM Document 3-2 Filed 02/24/17 USDC Colorado Page 4 of 4
AO 440 (Rev. 12/09) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
__________ District of __________
)
)
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
District of Colorado
EUGENE HOWARD
17-cv-00493 RPM-MEH
CITY OF FORT COLLINS & KATHLEEN WALKER
Kathleen Walker
250 North Mason Street
Fort Collins, CO 80524
Mark S Bove, PC
730 17th Street, Suite 635
Denver, CO 80202
02/24/2017 s/D. Berardi
Case 1:17-cv-00493-RPM Document 3-1 Filed 02/24/17 USDC Colorado Page 1 of 2
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date) .
u I personally served the summons on the individual at (place)
on (date) ; or
u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
u I served the summons on (name of individual) , who is
designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
u I returned the summons unexecuted because ; or
u Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
17-cv-00493 RPM-MEH
0.00
Case 1:17-cv-00493-RPM Document 3-1 Filed 02/24/17 USDC Colorado Page 2 of 2