Breaux v. Ti-Zack Concrete Inc
- John Tunheim
- 0:24-cv-03979
- U.S. District Court · District of Minnesota
- 2
In Breaux v. Ti-Zack Concrete Inc., Judge Foster granted Breaux’s amendment and fee-waiver requests and ordered steps toward service.
Terry K. Breaux received permission to amend his complaint and proceed without prepaying fees or costs, but must return a completed service form within 30 days. Ti-Zack Concrete Inc. must respond to the requested service waiver or may be required to pay later service expenses unless it shows good cause.
What happened
In Breaux v. Ti-Zack Concrete Inc., Terry K. Breaux filed an amended complaint and asked to proceed without paying court fees. Because he is representing himself, the court treated the amended complaint as a motion to amend and granted it.
The amended complaint is now the operative pleading. The court also granted Breaux’s request to proceed without prepaying fees or costs and directed him to return a completed service form for Ti-Zack Concrete Inc. within 30 days.
The court ordered the Clerk to seek a waiver of service from Ti-Zack Concrete Inc. Judge Dulce J. Foster stated that Ti-Zack may be required to pay later service expenses if it does not return the waiver within 30 days without good cause.
The detailed version
- Breaux v. Ti-Zack Concrete Inc · No. 0:24-cv-03979
- John Tunheim
- Oct. 31, 2024
Background
Terry K. Breaux filed an amended complaint and an application to proceed in district court without prepaying fees or costs. The opinion states that Breaux is representing himself, so the Court interpreted his filings liberally. It treated the amended complaint as a motion to amend the complaint.
Rulings
The Court granted Breaux’s motion to amend under Rule 15(a)(1) of the Federal Rules of Civil Procedure. The amended complaint became the operative pleading in the case.
The Court also granted Breaux’s application to proceed without prepaying fees or costs. This ruling concerns court-fee payment and does not decide the merits of Breaux’s claims.
Service Requirements
The Court directed the Clerk of Court to refile Breaux’s motion to amend as his amended complaint. Breaux must submit a properly completed Marshal Service Form for Ti-Zack Concrete Inc. within 30 days of the order. The opinion states that failure to do so will result in a recommendation that the matter be dismissed without prejudice for failure to prosecute.
After receiving the completed form, the Clerk must seek a waiver of service from Ti-Zack Concrete Inc. If Ti-Zack does not sign and return the waiver within 30 days after it is mailed, and does not show good cause, the Court will impose the later expenses of service on Ti-Zack as required by Rule 4(d)(2). Judge Dulce J. Foster signed the order as a United States Magistrate Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.