Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

PHILLIP L. ADAMCZYK, 

SUSAN C. ADAMCZYK,

Plaintiffs,

vs. Case No. 4:10cv444-RH/WCS

THRIVENT FINANCIAL BANK,

Defendant.

 /

O R D E R

Plaintiffs, pro se, have filed a civil complaint against Defendant alleging several

causes of action, doc. 1, and asserting jurisdiction is proper here based on both federal

question jurisdiction and because of diversity, see doc. 2. Plaintiff's also filed a motion

for preliminary injunction, doc. 3. 

Because Plaintiffs paid the filing fee at the same time the complaint was filed, the

Court is not required to perform a preliminary review of the claims. Service is hereby

directed. As Plaintiffs are pro se, the following guidance is provided in serving the

Defendant.

Case 4:10-cv-00444-RH -WCS Document 6 Filed 10/20/10 Page 1 of 4
Page 2 of 4

Plaintiffs are responsbile to serve the Defendant with an identical copy of the

complaint. Fed. R. Civ. P. 4(c)(1). Service must be accomplished within 120 days after

the filing of the complaint. Fed. R. Civ. P. 4(c),(m). That time is hereby extended to 120

days from the date that this order is entered on the docket pursuant to Rule 4(m). 

To effect service of process, Defendant must be personally delivered a copy of

the complaint and a summons that will be issued to Plaintiffs by the Clerk of this Court. 

The complaint must be identical to the version of the complaint filed with this Court.

Such personal delivery may be made by anyone who is at least 18 years of age and is

not a party to this action. FED. R. CIV. P. 4(c). Process servers may be found under that

heading in the yellow pages of the telephone book.

Alternatively, Rule 4(d) allows Plaintiffs the option of sending the Defendant a

notice of the commencement of the action and a request that the Defendant waive

formal service of process. If the Defendant fails to return the waiver form (which

Plaintiffs must enclose), Plaintiff must then formally serve the Defendant, but the

Defendant may be liable for the costs of formal service. Plaintiffs should thoroughly

review Rule 4 before attempting service by either of the above methods. 

Plaintiff has named just one Defendant, which is a corporation or business. 

Service upon corporations are subject to service under Rule 4(h) of the Federal Rules of

Civil Procedure. If Plaintiff chooses to effect formal, personal service, Rule 4(h)

requires delivery of "a copy of the summons and of the complaint to an officer, a

managing or general agent, or to any other agent authorized by appointment or by law

to receive service of process . . . .” Fed. R. Civ. P. (4)(h)(1). Rule 4(h) also permits

service upon a corporation in the manner also prescribed for individuals as set forth in

Case No. 4:10cv444-RH/WCS

Case 4:10-cv-00444-RH -WCS Document 6 Filed 10/20/10 Page 2 of 4
Page 3 of 4

Rule 4(e)(1), if waiver of service has not been obtained. Alternatively, service may be

effected pursuant to the law where service will be effected, i.e., the law of the state

where a defendant resides. FED. R. CIV. P. 4(e)(1). 

Accordingly, it is hereby 

ORDERED:

1. The docket shall reflect that there is one Defendant in this action. Plaintiffs

shall have ten (10) days from the entry of this order on the docket in which to notify the

Court if this is incorrect.

2. The Clerk of Court shall forthwith issue a summons for the Defendant, and

deliver the summons along with this Order to Plaintiff, who shall be responsible for

prompt service of the summons and complaint upon the Defendants. The Clerk shall

also forward to Plaintiff sufficient copies of Form AO-398 (Notice of a Lawsuit and

Request to Waver Service of a Summons) and Form AO-399 (Waiver of the Service of

Summons) to be used if Plaintiffs decide to serve the complaint under Fed. R. Civ. P.

4(d) (waiver of formal service).

3. After a response to the complaint has been filed by the Defendant, Plaintiffs

shall be required to mail to the attorney for the Defendant a copy of every pleading or

other paper, including letters, submitted for consideration by the Court. Plaintiff shall

include with the original paper to be filed with the Clerk of Court a "certificate of service"

which states the date a correct copy of the paper was mailed to the attorney

representing the Defendant. Any paper submitted for filing after a response to the

complaint has been filed by the Defendant which does not contain a "certificate of

service" shall be returned by the Clerk and disregarded by the Court.

Case No. 4:10cv444-RH/WCS

Case 4:10-cv-00444-RH -WCS Document 6 Filed 10/20/10 Page 3 of 4
Page 4 of 4

4. In accordance with 28 U.S.C. § 636(c)(2), the Clerk shall forward to Plaintiffs

a form for consenting to trial by the magistrate judge, with the case number written on it. 

If Plaintiffs wishes to consent, they should sign the form and forward it to counsel for the

Defendant, who shall return it to the Clerk only if the Defendant consents.

5. Ruling on the motion for preliminary injunction, doc. 3, is DEFERRED pending

service of process.

6. The Clerk of Court shall return this file to the undersigned upon receipt of an

answer to the complaint or similar response from the Defendant, upon the filing of either

an executed or unexecuted summons, or no later than January 18, 2011.

DONE AND ORDERED on October 20, 2010.

s/ William C. Sherrill, Jr. 

WILLIAM C. SHERRILL, JR. 

UNITED STATES MAGISTRATE JUDGE

Case No. 4:10cv444-RH/WCS

Case 4:10-cv-00444-RH -WCS Document 6 Filed 10/20/10 Page 4 of 4