UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION AT DAYTON 

JASON R. CASTO, 

Plaintiff, Case No. 3:17-cv-383 

vs. 

DAVID J. SHULKIN, District Judge Walter H. Rice 

SECRETARY OF VETERANS AFFAIRS, Magistrate Judge Michael J. Newman 

Defendant.

______________________________________________________________________________

ORDER 

______________________________________________________________________________ 

This civil case is before the Court on pro se Plaintiff’s application for an entry of default 

against the Secretary of Veterans Affairs, David J. Shulkin. Doc. 6. The notice of service filed 

on the docket in this case indicates that service was made on Defendant at 810 Vermont Avenue, 

Washington, D.C. on November 9, 2017. Doc. 5. Such address appears to be the address of the 

central office of the Department of Veterans Affairs. Id. Such service, however, does not 

comply with the requirements for service of process on the United States or its agencies as set 

forth in Fed. R. Civ. P. 4(i) -- a copy of which is attached to this Order. 

It appearing that service of process LVQRW\HWFRPSOHWH, the Clerk is INSTRUCTED to

not issue an entry of default in this caseDWWKLVWLPH.

IT IS SO ORDERED. 

Date: January 10, 2018 s/ Michael J. Newman 

Michael J. Newman 

United States Magistrate Judge 

Case: 3:17-cv-00383-WHR-MJN Doc #: 7 Filed: 01/10/18 Page: 1 of 9 PAGEID #: 204
(1) 

1Title amended December 29, 1948, effective October 20, 1949. 

RULES OF CIVIL PROCEDURE 

FOR THE 

UNITED STATES DISTRICT COURTS 1

Effective September 16, 1938, as amended to December 1, 2016 

TITLE I. SCOPE OF RULES; FORM OF ACTION 

Rule 1. Scope and Purpose 

These rules govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in 

Rule 81. They should be construed, administered, and employed by 

the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding. 

(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Feb. 28, 1966, eff. July 

1, 1966; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 30, 2007, eff. Dec. 1, 2007; 

Apr. 29, 2015, eff. Dec. 1, 2015.) 

Rule 2. One Form of Action 

There is one form of action—the civil action. 

(As amended Apr. 30, 2007, eff. Dec. 1, 2007.) 

TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, 

PLEADINGS, MOTIONS, AND ORDERS 

Rule 3. Commencing an Action 

A civil action is commenced by filing a complaint with the 

court. 

(As amended Apr. 30, 2007, eff. Dec. 1, 2007.) 

Rule 4. Summons 

(a) CONTENTS; AMENDMENTS. 

(1) Contents. A summons must: 

(A) name the court and the parties; 

(B) be directed to the defendant; 

(C) state the name and address of the plaintiff’s attorney 

or—if unrepresented—of the plaintiff; 

(D) state the time within which the defendant must appear and defend; 

(E) notify the defendant that a failure to appear and defend will result in a default judgment against the defendant for the relief demanded in the complaint; 

(F) be signed by the clerk; and 

(G) bear the court’s seal. 

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Rule 4 FEDERAL RULES OF CIVIL PROCEDURE 2 

(2) Amendments. The court may permit a summons to be 

amended. 

(b) ISSUANCE. On or after filing the complaint, the plaintiff may 

present a summons to the clerk for signature and seal. If the summons is properly completed, the clerk must sign, seal, and issue 

it to the plaintiff for service on the defendant. A summons—or a 

copy of a summons that is addressed to multiple defendants—must 

be issued for each defendant to be served. 

(c) SERVICE. 

(1) In General. A summons must be served with a copy of the 

complaint. The plaintiff is responsible for having the summons 

and complaint served within the time allowed by Rule 4(m) 

and must furnish the necessary copies to the person who 

makes service. 

(2) By Whom. Any person who is at least 18 years old and not 

a party may serve a summons and complaint. 

(3) By a Marshal or Someone Specially Appointed. At the plaintiff’s request, the court may order that service be made by a 

United States marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the 

plaintiff is authorized to proceed in forma pauperis under 28 

U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916. 

(d) WAIVING SERVICE. 

(1) Requesting a Waiver. An individual, corporation, or association that is subject to service under Rule 4(e), (f), or (h) has 

a duty to avoid unnecessary expenses of serving the summons. 

The plaintiff may notify such a defendant that an action has 

been commenced and request that the defendant waive service 

of a summons. The notice and request must: 

(A) be in writing and be addressed: 

(i) to the individual defendant; or 

(ii) for a defendant subject to service under Rule 4(h), 

to an officer, a managing or general agent, or any 

other agent authorized by appointment or by law to receive service of process; 

(B) name the court where the complaint was filed; 

(C) be accompanied by a copy of the complaint, 2 copies 

of the waiver form appended to this Rule 4, and a prepaid 

means for returning the form; 

(D) inform the defendant, using the form appended to 

this Rule 4, of the consequences of waiving and not waiving service; 

(E) state the date when the request is sent; 

(F) give the defendant a reasonable time of at least 30 

days after the request was sent—or at least 60 days if sent 

to the defendant outside any judicial district of the United 

States—to return the waiver; and 

(G) be sent by first-class mail or other reliable means. 

(2) Failure to Waive. If a defendant located within the United 

States fails, without good cause, to sign and return a waiver 

requested by a plaintiff located within the United States, the 

court must impose on the defendant: 

(A) the expenses later incurred in making service; and 

(B) the reasonable expenses, including attorney’s fees, of 

any motion required to collect those service expenses. 

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3 FEDERAL RULES OF CIVIL PROCEDURE Rule 4 

(3) Time to Answer After a Waiver. A defendant who, before 

being served with process, timely returns a waiver need not 

serve an answer to the complaint until 60 days after the request was sent—or until 90 days after it was sent to the defendant outside any judicial district of the United States. 

(4) Results of Filing a Waiver. When the plaintiff files a waiver, proof of service is not required and these rules apply as if 

a summons and complaint had been served at the time of filing 

the waiver. 

(5) Jurisdiction and Venue Not Waived. Waiving service of a 

summons does not waive any objection to personal jurisdiction or to venue. 

(e) SERVING AN INDIVIDUAL WITHIN A JUDICIAL DISTRICT OF THE

UNITED STATES. Unless federal law provides otherwise, an individual—other than a minor, an incompetent person, or a person 

whose waiver has been filed—may be served in a judicial district 

of the United States by: 

(1) following state law for serving a summons in an action 

brought in courts of general jurisdiction in the state where the 

district court is located or where service is made; or 

(2) doing any of the following: 

(A) delivering a copy of the summons and of the complaint to the individual personally; 

(B) leaving a copy of each at the individual’s dwelling or 

usual place of abode with someone of suitable age and discretion who resides there; or 

(C) delivering a copy of each to an agent authorized by 

appointment or by law to receive service of process. 

(f) SERVING AN INDIVIDUAL IN A FOREIGN COUNTRY. Unless federal 

law provides otherwise, an individual—other than a minor, an incompetent person, or a person whose waiver has been filed—may 

be served at a place not within any judicial district of the United 

States: 

(1) by any internationally agreed means of service that is 

reasonably calculated to give notice, such as those authorized 

by the Hague Convention on the Service Abroad of Judicial 

and Extrajudicial Documents; 

(2) if there is no internationally agreed means, or if an international agreement allows but does not specify other means, 

by a method that is reasonably calculated to give notice: 

(A) as prescribed by the foreign country’s law for service 

in that country in an action in its courts of general jurisdiction; 

(B) as the foreign authority directs in response to a letter rogatory or letter of request; or 

(C) unless prohibited by the foreign country’s law, by: 

(i) delivering a copy of the summons and of the complaint to the individual personally; or 

(ii) using any form of mail that the clerk addresses 

and sends to the individual and that requires a signed 

receipt; or 

(3) by other means not prohibited by international agreement, as the court orders. 

(g) SERVING A MINOR OR AN INCOMPETENT PERSON. A minor or an 

incompetent person in a judicial district of the United States 

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Rule 4 FEDERAL RULES OF CIVIL PROCEDURE 4 

must be served by following state law for serving a summons or 

like process on such a defendant in an action brought in the 

courts of general jurisdiction of the state where service is made. 

A minor or an incompetent person who is not within any judicial 

district of the United States must be served in the manner prescribed by Rule 4(f)(2)(A), (f)(2)(B), or (f)(3). 

(h) SERVING A CORPORATION, PARTNERSHIP, OR ASSOCIATION. Unless federal law provides otherwise or the defendant’s waiver has 

been filed, a domestic or foreign corporation, or a partnership or 

other unincorporated association that is subject to suit under a 

common name, must be served: 

(1) in a judicial district of the United States: 

(A) in the manner prescribed by Rule 4(e)(1) for serving 

an individual; or 

(B) by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any 

other agent authorized by appointment or by law to receive service of process and—if the agent is one authorized 

by statute and the statute so requires—by also mailing a 

copy of each to the defendant; or 

(2) at a place not within any judicial district of the United 

States, in any manner prescribed by Rule 4(f) for serving an 

individual, except personal delivery under (f)(2)(C)(i). 

(i) SERVING THE UNITED STATES AND ITS AGENCIES, CORPORATIONS, OFFICERS, OR EMPLOYEES. 

(1) United States. To serve the United States, a party must: 

(A)(i) deliver a copy of the summons and of the complaint to the United States attorney for the district where 

the action is brought—or to an assistant United States attorney or clerical employee whom the United States attorney designates in a writing filed with the court clerk—or 

(ii) send a copy of each by registered or certified mail to 

the civil-process clerk at the United States attorney’s office; 

(B) send a copy of each by registered or certified mail to 

the Attorney General of the United States at Washington, 

D.C.; and 

(C) if the action challenges an order of a nonparty agency or officer of the United States, send a copy of each by 

registered or certified mail to the agency or officer. 

(2) Agency; Corporation; Officer or Employee Sued in an Official 

Capacity. To serve a United States agency or corporation, or 

a United States officer or employee sued only in an official capacity, a party must serve the United States and also send a 

copy of the summons and of the complaint by registered or 

certified mail to the agency, corporation, officer, or employee. 

(3) Officer or Employee Sued Individually. To serve a United 

States officer or employee sued in an individual capacity for 

an act or omission occurring in connection with duties performed on the United States’ behalf (whether or not the officer 

or employee is also sued in an official capacity), a party must 

serve the United States and also serve the officer or employee 

under Rule 4(e), (f), or (g). 

(4) Extending Time. The court must allow a party a reasonable time to cure its failure to: 

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5 FEDERAL RULES OF CIVIL PROCEDURE Rule 4 

(A) serve a person required to be served under Rule 

4(i)(2), if the party has served either the United States attorney or the Attorney General of the United States; or 

(B) serve the United States under Rule 4(i)(3), if the 

party has served the United States officer or employee. 

(j) SERVING A FOREIGN, STATE, OR LOCAL GOVERNMENT. 

(1) Foreign State. A foreign state or its political subdivision, 

agency, or instrumentality must be served in accordance with 

28 U.S.C. § 1608. 

(2) State or Local Government. A state, a municipal corporation, or any other state-created governmental organization 

that is subject to suit must be served by: 

(A) delivering a copy of the summons and of the complaint to its chief executive officer; or 

(B) serving a copy of each in the manner prescribed by 

that state’s law for serving a summons or like process on 

such a defendant. 

(k) TERRITORIAL LIMITS OF EFFECTIVE SERVICE. 

(1) In General. Serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant: 

(A) who is subject to the jurisdiction of a court of general jurisdiction in the state where the district court is located; 

(B) who is a party joined under Rule 14 or 19 and is 

served within a judicial district of the United States and 

not more than 100 miles from where the summons was issued; or 

(C) when authorized by a federal statute. 

(2) Federal Claim Outside State-Court Jurisdiction. For a claim 

that arises under federal law, serving a summons or filing a 

waiver of service establishes personal jurisdiction over a defendant if: 

(A) the defendant is not subject to jurisdiction in any 

state’s courts of general jurisdiction; and 

(B) exercising jurisdiction is consistent with the United 

States Constitution and laws. 

(l) PROVING SERVICE. 

(1) Affidavit Required. Unless service is waived, proof of service must be made to the court. Except for service by a United 

States marshal or deputy marshal, proof must be by the server’s affidavit. 

(2) Service Outside the United States. Service not within any 

judicial district of the United States must be proved as follows: 

(A) if made under Rule 4(f)(1), as provided in the applicable treaty or convention; or 

(B) if made under Rule 4(f)(2) or (f)(3), by a receipt signed 

by the addressee, or by other evidence satisfying the court 

that the summons and complaint were delivered to the addressee. 

(3) Validity of Service; Amending Proof. Failure to prove service does not affect the validity of service. The court may permit proof of service to be amended. 

(m) TIME LIMIT FOR SERVICE. If a defendant is not served within 

90 days after the complaint is filed, the court—on motion or on its 

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Rule 4 FEDERAL RULES OF CIVIL PROCEDURE 6 

1 Rule 4(m) is set out above as it appears in the Supreme Court order of Apr. 28, 2016. As amended 

by the Supreme Court order of Apr. 29, 2015, the last sentence of Rule 4(m) reads as follows: ‘‘This 

subdivision (m) does not apply to service in a foreign country under Rule 4(f) or 4(j)(1) or to service 

of a notice under Rule 71.1(d)(3)(A).’’ The language added to the last sentence in 2015, ‘‘or to service 

of a notice under Rule 71.1(d)(3)(A)’’, probably should be part of Rule 4(m), but does not appear in 

the 2016 amendment. 

own after notice to the plaintiff—must dismiss the action without 

prejudice against that defendant or order that service be made 

within a specified time. But if the plaintiff shows good cause for 

the failure, the court must extend the time for service for an appropriate period. This subdivision (m) does not apply to service in 

a foreign country under Rule 4(f), 4(h)(2), or 4(j)(1).1

(n) ASSERTING JURISDICTION OVER PROPERTY OR ASSETS. 

(1) Federal Law. The court may assert jurisdiction over property if authorized by a federal statute. Notice to claimants of 

the property must be given as provided in the statute or by 

serving a summons under this rule. 

(2) State Law. On a showing that personal jurisdiction over 

a defendant cannot be obtained in the district where the action is brought by reasonable efforts to serve a summons 

under this rule, the court may assert jurisdiction over the defendant’s assets found in the district. Jurisdiction is acquired 

by seizing the assets under the circumstances and in the manner provided by state law in that district. 

(As amended Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 

1, 1966; Apr. 29, 1980, eff. Aug. 1, 1980; Pub. L. 97–462, § 2, Jan. 12, 

1983, 96 Stat. 2527, eff. Feb. 26, 1983; Mar. 2, 1987, eff. Aug. 1, 1987; 

Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 

30, 2007, eff. Dec. 1, 2007; Apr. 29, 2015, eff. Dec. 1, 2015; Apr. 28, 2016, 

eff. Dec. 1, 2016.) 

RULE 4 NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF

SUMMONS. 

(Caption) 

To (name the defendant or—if the defendant is a corporation, partnership, or association—name an officer or agent authorized to receive 

service): 

WHY ARE YOU GETTING THIS? 

A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above. A copy of the 

complaint is attached. 

This is not a summons, or an official notice from the court. It 

is a request that, to avoid expenses, you waive formal service of 

a summons by signing and returning the enclosed waiver. To avoid 

these expenses, you must return the signed waiver within (give at 

least 30 days or at least 60 days if the defendant is outside any judicial 

district of the United States) from the date shown below, which is 

the date this notice was sent. Two copies of the waiver form are 

enclosed, along with a stamped, self-addressed envelope or other 

prepaid means for returning one copy. You may keep the other 

copy. 

WHAT HAPPENS NEXT? 

If you return the signed waiver, I will file it with the court. The 

action will then proceed as if you had been served on the date the 

waiver is filed, but no summons will be served on you and you will 

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7 FEDERAL RULES OF CIVIL PROCEDURE Rule 4 

have 60 days from the date this notice is sent (see the date below) 

to answer the complaint (or 90 days if this notice is sent to you 

outside any judicial district of the United States). 

If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaint served 

on you. And I will ask the court to require you, or the entity you 

represent, to pay the expenses of making service. 

Please read the enclosed statement about the duty to avoid unnecessary expenses. 

I certify that this request is being sent to you on the date below. 

Date:lllllllllll 

lllllllllllllllllllllllllll 

(Signature of the attorney 

or unrepresented party) 

lllllllllllllllllllllllllll 

(Printed name) 

lllllllllllllllllllllllllll 

(Address) 

lllllllllllllllllllllllllll 

(E-mail address) 

lllllllllllllllllllllllllll 

(Telephone number) 

RULE 4 WAIVER OF THE SERVICE OF SUMMONS. 

(Caption) 

To (name the plaintiff’s attorney or the unrepresented plaintiff): 

I have received your request to waive service of a summons in 

this action along with a copy of the complaint, two copies of this 

waiver form, and a prepaid means of returning one signed copy of 

the form to you. 

I, or the entity I represent, agree to save the expense of serving 

a summons and complaint in this case. 

I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s jurisdiction, and 

the venue of the action, but that I waive any objections to the absence of a summons or of service. 

I also understand that I, or the entity I represent, must file and 

serve an answer or a motion under Rule 12 within 60 days from 

lllllllllllllllllllll, the date when this request was sent (or 90 days if it was sent outside the United 

States). If I fail to do so, a default judgment will be entered 

against me or the entity I represent. 

Date:lllllllllll 

lllllllllllllllllllllllllll 

(Signature of the attorney 

or unrepresented party) 

lllllllllllllllllllllllllll 

(Printed name) 

lllllllllllllllllllllllllll 

(Address) 

lllllllllllllllllllllllllll 

(E-mail address) 

lllllllllllllllllllllllllll 

(Telephone number) 

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Rule 4.1 FEDERAL RULES OF CIVIL PROCEDURE 8 

(Attach the following) 

DUTY TO AVOID UNNECESSARY EXPENSES

OF SERVING A SUMMONS

Rule 4 of the Federal Rules of Civil Procedure requires certain 

defendants to cooperate in saving unnecessary expenses of serving 

a summons and complaint. A defendant who is located in the 

United States and who fails to return a signed waiver of service 

requested by a plaintiff located in the United States will be required to pay the expenses of service, unless the defendant shows 

good cause for the failure. 

‘‘Good cause’’ does not include a belief that the lawsuit is 

groundless, or that it has been brought in an improper venue, or 

that the court has no jurisdiction over this matter or over the defendant or the defendant’s property. 

If the waiver is signed and returned, you can still make these 

and all other defenses and objections, but you cannot object to the 

absence of a summons or of service. 

If you waive service, then you must, within the time specified 

on the waiver form, serve an answer or a motion under Rule 12 on 

the plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than 

if a summons had been served. 

Rule 4.1. Serving Other Process 

(a) IN GENERAL. Process—other than a summons under Rule 4 or 

a subpoena under Rule 45—must be served by a United States marshal or deputy marshal or by a person specially appointed for that 

purpose. It may be served anywhere within the territorial limits 

of the state where the district court is located and, if authorized 

by a federal statute, beyond those limits. Proof of service must be 

made under Rule 4(l). 

(b) ENFORCING ORDERS: COMMITTING FOR CIVIL CONTEMPT. An 

order committing a person for civil contempt of a decree or injunction issued to enforce federal law may be served and enforced 

in any district. Any other order in a civil-contempt proceeding 

may be served only in the state where the issuing court is located 

or elsewhere in the United States within 100 miles from where the 

order was issued. 

(As added Apr. 22, 1993, eff. Dec. 1, 1993; amended Apr. 30, 2007, eff. 

Dec. 1, 2007.) 

Rule 5. Serving and Filing Pleadings and Other Papers 

(a) SERVICE: WHEN REQUIRED. 

(1) In General. Unless these rules provide otherwise, each of 

the following papers must be served on every party: 

(A) an order stating that service is required; 

(B) a pleading filed after the original complaint, unless 

the court orders otherwise under Rule 5(c) because there 

are numerous defendants; 

(C) a discovery paper required to be served on a party, 

unless the court orders otherwise; 

(D) a written motion, except one that may be heard ex 

parte; and 

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