Free Service Order (no 285's) - District Court of Delaware - Delaware

Case 1:06-cv—O0793-SLR Document 8 Filed O4/19/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EMMANUEL N. LAZARIDIS, )
individually and in his capacity as )
legal custodian of V.L., a minor, )
)
Plaintiff, )
)
v. ) Civ. Action No. 06-793 SLR
I
LAVINA TINA WEHMER, MATTHEW )
NEIDERMAN, CATHERINE SUTER, )
AFRODITI MINA MAUROEIDI, OFFICE )
OF THE ATTORNEY GENERAL OF )
THE STATE OF DELAWARE by and )
through Joseph R. Biden,III,‘ )
I )
Defendants. )
ORDER
At Wilmington this Eday of April, 2007;
IT IS ORDERED that:
1. The clerk of the court shall cause a copy of this order to be mailedz to plaintiff.
2. Pursuant to Fed. R. Civ. P. 4(c)(2) and (d)(2), plaintiff shall complete and
return to the clerk of the court an original U.S. Marshal-285 ("USM-285") form for each
defendant (i.e., Lavina Tina Wehmer, Matthew Neiderman, Catherine Suter,
Afroditi Mini Mauroeidi), as well as for the Attorney General of the State of
Delaware, 820 N. FRENCH STREET, WILMINGTON, DELAWARE, 19801.
‘@ Fed. R. Civ.P. 25(d)(1). Attorney General Joseph R. Biden, Ill assumed
office in January 2007, replacing former Attorney General Carl C. Danberg, an original
party to this case.
2The clerk of the court is advised that extra postage is necessary as plaintiff
resides in Greece.

Case 1:06-cv—O0793-SLR Document 8 Filed O4/19/2007 Page 2 of 3
3. Plaintiff shall also shall complete and return to the clerk of the court an
original U.S. Marshal 94 ("USM-94") form for each foreign defendant: Lavina Tina
Wehmer, Catherine Suter, and Afroditi Mina Mauroeidi. Where applicable, the
USM—94 form shall contain the address for the France Central Authority: Ministere de Ia
Justice, Bureau de I"Entraide, Judiciaire Internationale, D4 13 Place Vendome 75042,
Paris, Cedex 01, France, or the address for the Greek Central Authority: Department
of Administrative and Judicial Affairs, The Ministry of Foreign Affairs ofthe Hellenic
Republic, Zalakosta 1, 10671 Athens, Greece.
4. Plaintiff has provided the court with Eve copies ofthe complaint (D.I. 3) for
service upon defendants. Plaintiff shall provide an additional three copies ofthe
complaint as well as two translations of the complaint in the French language, and four
translations of the complaint in the Greek language, so that service may be effected
utilizing both USM-285 forms and USM—94 forms.
5. Plaintiff is notified that the United States Marshal will not serve the
complaint until all USM- 285 forms, USM-94 forms, copies of the complaint and
translations have been received by the clerk of the court.
6. Upon receipt of the completed "U.S. Marshal 285" form(s) and copies ofthe
complaint, and in accordance with Rule 4 of the Federal Rules of Civil Procedure, the
United States Marshal shall serve a copy ofthe complaint and this order upon the
defendant(s) as directed by plaintiff. Service of the foreign defendants (i.e., Lavina Tina
Wehmer, Catherine Suter, and Afroditi Mina Mauroeidi) shall be by registered mail. It is
not necessary to mail a translated copy ofthe complaint when serving by registered
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Case 1:06-cv—O0793-SLR Document 8 Filed O4/19/2007 Page 3 of 3
mail.
7. Service of process upon the foreign defendants in foreign countries (i.e.,
Lavina Tina Wehmer, Catherine Suter, and Afroditi Mina Mauroeidi) shall also be
attempted pursuant to Article 5 of the Hague Convention through the Central Authority
in France for defendant Catherine Suter; and through the Central Authority in Greece
for defendants Lavina Tina Wehmer and Afroditi Mini Mauroeidi. Upon receipt of the
completed "U.S. Marshal 94" form(s) and copies of the complaint and translations of the
complaint, the United States Marshal shall serve a copy of the complaint with two
translations, and this order upon the foreign defendant(s) as directed by plaintiff.
7. All costs of service shall be advanced by the United States.
8. No communication, including pleadings, briefs, statement of position, etc., will
be considered by the Court in this civil action unless the documents reflect proof of
service upon the parties or their counsel.
9. The clerk ofthe court is directed to provide to plaintiff the appropriate number
of USM—285 and USM-94 forms.
10. Failure to provide complete USM-285 forms, USM—94 forms, the
requisite number of copies of the complaint, and the requisite number of
translations of the complaint within 120 days of the date of this order may result
in dismissal of the case.
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